International law Books
Edward Elgar Publishing Ltd Transnational Intellectual Property Law: Text and
Book SynopsisAs companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased.Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today?s global context. Focusing on three major IP regimes - the United States, Europe and China - the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.Providing detailed thematic coverage of the major IP rights, including Patents, Copyright, Trademarks, Trade Secrets and Design Protection, the book delves into the national laws and operational realities of these three jurisdictions, highlighting the issues and questions that are most frequently encountered in practice. Of special note are the many English translations of Chinese legal materials = providing the richest and most in-depth coverage of authoritative IP-related statutes, cases and commentaries currently available to students.The textbook draws heavily on cases and other primary sources to tease out the differences, commonalities, and ultimately, strategies for taking a global approach to IP protection. Thought-provoking questions and scenarios throughout the book will stimulate class discussion and cement understanding.Key features: Introductory problems allow students to identify and navigate the key issues An accessible layout with case extracts, questions and notes clearly highlighted illustrates examples of crucial issues, helps identify key information, and points to extensive practical and scholarly commentary on important issues? Comparative approach with numerous references to law and business context in China, the United States and Europe allows students to place national IP in a global context Expert analytical commentary on carefully selected cases guides readers on the key issues. Engaging and comprehensive, this textbook will be essential for all IP courses that aspire to teach the global dimension of IP, and for all students whose aim is to practice IP in what is an increasingly transnational marketplace.Trade Review'The authors of this textbook explore the transnational intellectual property system through a profound theoretical foundation and rich practical experience. Very informative, readable, and practical for teaching!' --Zhang Ping, Peking University, ChinaTable of ContentsContents: Part I Introduction 1. What is “Transnational” IP Law Part II Patent Protection 2. Introduction to Patent Law at the Transnational Level 3. Patentable Subject Matter 4. Novelty 5. Inventive Step/Non-obviousness 6. Adequate Disclosure and Enablement 7. Claim Interpretation and Infringement 8. Remedies 9. Business Aspects of Patents Part III Copyright Protection 10. Introduction 11. Subject Matter, Originality, Authorship 12. Rights of the Copyright Owner 13. Limitations and Exceptions 14. Infringement and Remedies 15. Digital Copyright Part IV Trademark law 16. Introduction to Trademark Protection 17. Acquisition of Trademark Rights 18. Enforcement 19. Licensing Issues: Quality Supervision, Exclusive Territories, Termination Part V 20. Introduction 21. What Can Be Protected As a Trade Secret? 22. Reasonable Efforts to Protect Trade Secrets 23. Misappropriation 24. Remedies Part VI Design Protection 25. Introduction 26. Subject Matter and Originality Requirements 27. Infringement 28. Defenses 29. Remedies Index
£51.25
Edward Elgar Publishing Ltd The International Tribunal for the Law of the
Book SynopsisThis authoritative guide to the International Tribunal for the Law of the Sea provides a timely assessment of its activities over the past two decades. P. Chandrasekhara Rao and Philippe Gautier?s comprehensive book delivers a detailed and extensive analysis of the Tribunal?s jurisdiction, the procedural rules governing cases before it, and its contribution to the development of the law of the sea. Through a thorough examination of the Tribunal?s judicial practice, as well as referencing primary sources such as treaties and statutes, the authors demonstrate that the Tribunal has fulfilled the role entrusted to it by the United Nations Convention on the Law of the Sea. Utilising a practice-orientated approach, this methodical analysis reveals that the Tribunal has successfully developed its own working methods in handling cases, whilst establishing itself as a judicial institution with the ability to discharge its functions efficiently and cost-effectively, and most importantly, determines that its jurisprudence has contributed to the development of a coherent and progressive interpretation of the law of the sea. Perceptive and meticulous, this book will be an invaluable resource for legal practitioners, as well as for academics, students and researchers interested in the functioning and achievements of the Tribunal.Trade Review‘The International Tribunal for the Law of the Sea: Law, Practice and Procedure is an important and helpful contribution to the literature addressing the law and practice of the ITLOS. Practitioners, in particular, will find that the book is of great assistance in understanding how the ITLOS works and what the procedural and jurisdictional framework for litigation is. There is no doubt that the book will become an indispensable reference work for practitioners and scholars dealing with dispute settlement before the ITLOS and in the law of the sea more generally.’ -- Valentin J Schatz, German Yearbook of International Law‘The book is an important and helpful contribution to the literature addressing the law and practice of the ITLOS. Practitioners, in particular, will find that the book is of great assistance in understanding how the ITLOS works and what the procedural and jurisdictional framework for litigation is. They will find the book accessible and easy to navigate. They will also profit from quick access to the relevant case-law for each of the covered issues. There is no doubt that the book will become an indispensable reference work for practitioners and scholars dealing with dispute settlement before the ITLOS and in the law of the sea more generally.’ -- Valentin J Schatz, German Yearbook of International Law‘The book will prove a valuable tool for academics, practitioners and students with an interest in law of the sea or international dispute settlement. Moreover, with new developments in law of the sea we may see an even greater role played by the Tribunal in disputes relating to that agreement, and this book will prove an invaluable asset.’ -- Mitchell Lennan, Review of European, Comparative and International Environmental Law'Written by a former Judge and President of the International Tribunal for the Law of the Sea and by its Registrar, this is certainly the most authoritative treatise on the Tribunal. It combines the insider's view of two protagonists of the activities of the Tribunal for more than twenty years with a first-rate scholarly approach. The book is a well-structured, tightly written, highly informed and informative treatise on a Tribunal that since its establishment in 1996 has found a relevant place in the map of permanent international adjudicating bodies. Procedural and institutional aspects as well as the contribution made by the Tribunal's case-law are presented in detail and in concise language. I have no doubt that this treatise will become a necessary tool for scholars and practitioners.' --Tullio Treves, Universita degli Studi di Milano, Italy'This book provides a clear, reliable, perceptive, and eminently practical account of the law and practice of the Hamburg Tribunal. It is essential reading for all those involved in the law of the sea and international dispute settlement. The two highly qualified authors (former President and current Registrar) have written what will surely become the first point of reference on the Tribunal, for practitioners and academics alike.' --Sir Michael Wood, Member of the UN International Law Commission'This book will be an indispensable reference for judges, lawyers, and scholars interested in the settlement of international disputes regarding the law of the sea. ''Present at the creation'' of ITLOS, the authors discreetly but generously share with us invaluable insights acquired during their two decades of service to the Tribunal, one as Judge (and President) and the other as Registrar. Text and practice are elegantly interwoven in a coherent explication of the Tribunal's procedure.' --Bernard H. Oxman, University of Miami, School of Law, USTable of ContentsContents: 1. Introduction 2. Institutional Overview 3. Jurisdiction 4. Procedure 5. Contribution to the Development of International Law 6. An Assessment Bibliography Index
£172.00
Edward Elgar Publishing Ltd Public Private Partnership for WTO Dispute
Book SynopsisPublic Private Partnership for WTO Dispute Settlement is an interdisciplinary work examining the growing interaction between business entities and public officials. Crucially, it identifies how this relationship can enable developing countries to effectively utilize the provisions of the World Trade Organization Dispute Settlement Understanding (WTO DSU).Building on more than five years of empirical investigation, Amrita Bahri reflects on the dispute settlement partnership experiences of the top DSU users from the developed and developing world. This enables her to evaluate a diverse range of dispute settlement partnership strategies, which have allowed the governments involved to harness resources and expertise from the private sector.With practical suggestions on dispute settlement capacity building, this book provides a roadmap to policymakers, industry representatives and legal professionals on how to effectively engage with business entities for the resolution of international trade conflicts. It also provides a template for teaching and research activities to scholars focusing on international trade law, development studies and international dispute settlement.Trade Review'Extremely insightful and groundbreaking book based on comprehensive and rigorous research. Its admirable treatment of public private partnership in WTO disputes would attract policymakers, industry, legal professionals and the academic community. Incisive recommendations made by the author provide an effective template for countries to engage purposefully for resolving trade friction.' --Abhijit Das, Indian Institute of Foreign Trade, India'This book is a tremendous and timely contribution to the existing scholarship on law and development. Based on the full internalization of the literature, on painstaking empirical analysis and on an enriching comparative analysis, it explores the obstacles developing countries face in participating in legal institutions and suggests the strategies and synergies they can deploy to overcome them. The ultimate value of this strong project, not to be underscored in these critical times, is that legal institutions matter and can represent an important factor in shaping development.' --Luca Rubini, Birmingham Law School, UK'This is a stimulating comparison of how governments in developed countries (the United States and the EU) and in key developing countries (Brazil, China and India) have been handling their industries' complaints about foreign trade barriers. The lessons drawn in this study, on how such cooperation could be formalized and possibly improved from a developing country perspective, are worthwhile. Deserves a wide readership.' --Marco Bronckers, Leiden University, the NetherlandsTable of ContentsContents: Introduction 1. Developing Countries at WTO Dispute Settlement Understanding: Strengthening Participation 2. WTO Dispute Settlement Partnerships: A Conceptual Framework 3. Handling of WTO Disputes: The United States and the European Union 4. Handling of WTO Disputes: China’s Experience 5. Handling of WTO Disputes: Brazil’s Experience 6. Handling of WTO Disputes: India’s Experience 7. Devising Dispute Settlement Partnerships: “Lessons Learnt” Conclusion Bibliography Index
£100.00
Edward Elgar Publishing Ltd Research Handbook on International Law and
Book SynopsisThis timely Research Handbook contains an analysis by leading scholars and practitioners of various legal questions concerning cyberspace and cyber activities. Comprehensive and thorough, it succeeds in mapping out the range of international rules that apply to cyberspace and to specific cyber activities, assesses their regulatory efficacy and offers insightful suggestions, where necessary, for revised standards.Contributors examine the application of fundamental international law principles to cyberspace such as the principle of sovereignty, jurisdiction, state responsibility, individual criminal responsibility, human rights and intellectual property rights. They explore the application of international rules to cyber terrorism, cyber espionage, cyber crime, cyber attacks and to cyber war. They deal with the meaning of cyber operations, the ethics of cyber operations as well as with cyber deterrence. Finally, they comment on the cyber security policies of international and regional institutions such as those of the United Nations, the European Union, NATO and of Asian-Pacific institutions.This Research Handbook will benefit scholars in the fields of international law, international relations, public and private law. Researchers will find the suggested future research avenues in this field invaluable whilst policy-makers and practitioners will gain fresh insights into topical issues concerning the regulation of cyberspace and of cyber activities.Contributors: K. Ambos, C. Antonopoulos, L. Arimatsu, K. Bannelier-Christakis, R. Buchan, P. Ducheine, D.P. Fidler, C. Focarelli, T.D. Gill, K. Heath, C. Henderson, P. Kastner, U. Kohl, F. Mégret, E. Myjer, H. Nasu, A. Rahmatian, M. Roscini, N.C. Rowe, B. Saul, M. Schmitt, H. Trezise, N. Tsagourias, D. Turns, R.A. Wessel, K. ZiolkowskiTrade Review'Overall, the Handbook will appeal to national security professional, advanced law students, and to international lawyers more generally. The volume is rich in references, as a handbook should be. Among criminologists, it merits the attention of those interested in transnational crime, cyber crime, and state crime. Trans-national cyber crime specialists would be attracted to the chapters relating to jurisdiction and to regional cooperation efforts. . . International lawyers and cyber security specialists will find this a useful collection of timely analyses. The Handbook thus complements the Tallinn Manual on the International Law applicable to Cyber Warfare, and is a useful port of call for those preparing themselves for 21st century conflict. There seems little doubt that the problems identified in the volume are likely to remain on the public agenda and indeed, to intensify, in the months ahead.' --Peter Grabosky, Criminal Law and Criminal Justice BooksTable of ContentsContents: Introduction PART I CYBERSPACE AND GENERAL PRINCIPLES OF INTERNATIONAL LAW 1. The Legal Status of Cyberspace Nicholas Tsagourias 2. Jurisdiction in Cyberspace Uta Kohl 3. State Responsibility in Cyberspace Constantine Antonopoulos 4. Cyberspace and Intellectual Property Rights Andreas Rahmatian 5. Cyberspace and Human Rights David P. Fidler 6. International Criminal Responsibility in Cyberspace Kai Ambos PART II CYBER THREATS AND INTERNATIONAL LAW 7. Cyber Terrorism Ben Saul and Kathleen Heath 8. Cyber Espionage and International Law Russell Buchan 9. International Legal Dimensions of Cybercrime Philipp Kastner and Frédéric Mégret PART III CYBER ATTACKS AND THE JUS AD BELLUM 10. The Notion of Cyber Operations Paul Ducheine 11. Cyber Operations as a Use of Force Marco Roscini 12. Self-Defence in Cyberspace Carlo Focarelli 13. Some Thoughts on Cyber Deterrence and Public International Law Eric Myjer PART IV CYBERWAR AND THE JUS IN BELLO 14. Distinctive Ethical Challenges of Cyberweapons Neil C. Rowe 15. Classifying Cyber Warfare Louise Arimatsu 16. Is the Principle of Distinction Still Relevant in Cyberwarfare? Karine Bannelier-Christakis 17. International Humanitarian Law Applied to Cyber-Warfare: Precautions, Proportionality and the Notion of “Armed” under the Humanitarian Law of Armed Conflict Terry D. Gill 18. Cyber War and the Law of Neutrality David Turns PART V REGIONAL AND INTERNATIONAL APPROACHES TO CYBER SECURITY 19. Towards EU Cybersecurity: Regulating a New Policy Field Ramses A. Wessel 20. NATO and Cyber Defence Katharina Ziolkowski 21. Cyber Security in the Asia-Pacific Hitoshi Nasu and Helen Trezise 22. The United Nations and the Regulation of Cyber-Security Christopher Henderson Index
£50.30
Edward Elgar Publishing Ltd Understanding Jus Cogens in International Law and
Book SynopsisWhilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse. Offering a new focus for jus cogens research, this insightful work moves beyond traditionally designed investigations of the application of jus cogens in international law and instead analyses the many implicit basic assumptions held by participants in international legal discourse, and the way in which these assumptions explain their various claims. Clarifying the precise relationship between submitted propositions and a legal positivist or legal idealist frame of mind, this captivating book will influence not only the future understanding and practice of international law, but also its codification and progressive development. Scholars and advanced students of public international law, and international legal theory especially, will find this book a stimulating and novel read. Practitioners and judicial bodies will also benefit from a deeper understanding of the many issues and influences surrounding the concept of jus cogens.Trade Review'Ulf Linderfalk's new book Understanding Jus Cogens in International Law and International Legal Discourse is a timely contribution to the debate on the criteria and consequences of jus cogens in international law. A debate which has, for the most part, been characterised by participants speaking past each other. Building on his previous accomplished work on the theory of jus cogens, Linderfalk takes a step back in order to examine the common assumptions underlying dominant approaches to jus cogens in international law. The result is a book that has the potential to open the lines of communication in the pursuit of better understanding of jus cogens.' --Dire Tladi, University of Pretoria, South AfricaTable of ContentsContents: 1. Introduction 2. Legal Positivism and legal idealism 3. The source of jus cogens obligations and no-competences 4. The role of state consent in the creation and modification of jus cogens norms 5. The identification of jus cogens norms 6. The scope of jus cogens: Possible delimitations of the concept 7. Jus cogens and the concept of a normative conflict 8. Jus cogens and the individuation of norms 9. Significance of the findings for future international legal discourse Index
£94.00
Edward Elgar Publishing Ltd Research Handbook on Political Economy and Law
Book SynopsisEvents such as the global financial crisis have helped reveal that the drivers and contours of governance on a national and international level remain a mystery in many respects. This is so despite the ever-increasing complexity and sophistication in the management and understanding of economic, legal and political spheres of global society. Set in this context, this timely Research Handbook is the first to explicitly address the constitutive relationship between law and political economy.With scholarly contributions from diverse disciplinary and geographic backgrounds, this authoritative book provides an expansive overview of the legal architecture of the global political economy. It covers, in three parts, topics surrounding money and markets, the relations of organization, and commodities, land and resources.Scholars and policymakers as well as undergraduate and postgraduate law students interested in the intersection of socio-political, economic, and legal dynamics of governance will find this book a thought-provoking and insightful resource.Contributors: A. Andreoni, G. Baars, S. Bailey, B. Bowring, T.A. Canova, D. Danielsen, J. Desautels-Stein, J. Ellis, A. Gupta, F. Guy, A. Hanieh, I. Isailovi , V. Kishore, R. Kreitner, T. Krever, P. Luff, T. Mahmud, B.N. Mamlyuk, M. McCluskey, R. Míguez, C. Mummé, A. Ng Boyte, Ö. Orhangazi, U. Özsu, A. Rasulov, L. Russi, C. Salom o Filho, P. Skott, J. Toporowski, R.A. Woodcock, L.R. WrayTrade Review'Law creates and regulates our political and economic life. If the legal institutions of citizenship and political authority, property and contract, money and credit, or labor and capital were put together differently, our world might be more equal, productive, democratic, sustainable and just. This terrific collection explores how this might be done. Each essay puts law at the center of a story about political economy and asks how things might be otherwise. Original, broad-reaching and imaginative, these essays will change how you think about the world: what seemed natural and inevitable will seem open to rethinking and remaking. An excellent overview of law's role in contemporary political economy by some of the most creative thinkers in the legal academy today.' --David Kennedy, Harvard Law School, USTable of ContentsContents: 1. Introduction John D. Haskell and Ugo Mattei PART I MONEY AND MARKETS 2. Toward a Political Economy of Money Roy Kreitner 3. The Market as a Legal Concept: Classical Liberalism, Modern Liberalism, Pragmatic Liberalism Justin Desautels-Stein 4. The New Global Dis/Order in Central Banking and Public Finance Timothy A. Canova 5. Neoliberalism, Debt and Discipline Tayyab Mahmud 6. Free Trade and Comparative Advantage: A Study in Economic Sleight of Hand Vishaal Kishore 7. Technology, Power and the Political Economy of Inequality Frederick Guy and Peter Skott 8. Finance and the ‘Real’ Economy: Systemic Complexity, Complex Agencies Luigi Russi 9. Financialization and the Non-Financial Corporate Sector Özgür Orhangazi 10. Debt and Financial Stability Jan Toporowski 11. The Law of Value and the Law Bill Bowring 12. Less Markets: A Critical Analysis of Market Existence and Functioning Calixto Salomão Filho PART II THE RELATIONS OF ORGANIZATION: INDUSTRY, LABOR AND THE STATE 13. Beyond Corporate Governance: Why a New Approach to the Study of Corporate Law is Needed to Address Global Inequality and Economic Development Dan Danielsen 14. The Job Guarantee, Full Employment and Human Rights L. Randall Wray 15. Personal Responsibility for Systemic Inequality Martha McCluskey 16. From the ‘Semi-Civilized State’ to the ‘Emerging Market’: Remarks on the International Legal History of the Semi-Periphery Umut Özsu 17. From the Dutch East India Company to the Corporate Bill of Rights: Corporations and International Law Grietje Baars 18. Mapping the Political Economy of Neoliberalism in the Arab World Adam Hanieh 19. Ending Impunity? Eliding Political Economy in International Criminal Law Tor Krever 20. The Political Economy of Court-Based Regulation Patrick Luff, 21. Law and Development: A History in Three Moments Arpita Gupta 22. The Political Economy of Industrial Policy: After the Crisis, Back on the Agenda Antonio Andreoni PART III COMMODITIES, LAND AND RESOURCES 23. The Empty Circularity of Regulatory Takings: The Legacy of a Legal Realist Critique for a 21st-Century Context Akbar Rasulov 24. Property in Labor and the Limits of Contract Claire Mummé 25. Property Issues in the Indigenous Historical Contexts of Republican Latin America Rodrigo Míguez 26. Indigenous Peoples’ Claims and Challenges Over Control of Property Ivana Isailović 27. Early Soviet Property Law in Comparison with Western Legal Traditions Boris N. Mamlyuk 28. The Architecture of Commons Legal Institutions Saki Bailey 29. Political Economy and Environmental Law: A Cost-Benefit Analysis Jaye Ellis 30. The Propertization of Intellectual Property Alina Ng Boyte 31. Property, Efficiency, the Commons, and Theft Ramsi A. Woodcock Index
£50.30
Edward Elgar Publishing Ltd Consumer Law
Book SynopsisThis research review discusses a compilation of path-breaking and well-cited literature as well as otherwise original contributions to the international debate on consumer protection. It focuses in particular on the role and policy of consumer law as well as on the approaches and methods of research in this domain. Key papers regarding the various instruments and issues surrounding consumer law are explored. The picture that emerges from this title is an area of law that is profoundly international and multidisciplinary, this piece of literature extends on this and ties together the featured papers. This review will be a useful tool for consumer law researchers and valuable to those engaged by this popular practice area. Table of ContentsContents: Acknowledgements Introduction Thomas Wilhelmsson and Geraint Howells PART I ROLE AND POLICY OF CONSUMER LAW A Goals and Purpose of Consumer Law 1. Department of Economic and Social Affairs (2003), ‘United Nations Guidelines for Consumer Protection (As Expanded in 1999)‘, New York, NY, USA: United Nations, accessed on 26th September 2018, 1–11, www.un.org/esa/sustdev/publications/consumption_en.pdf 2. John F. Kennedy (1962), ‘Special Message to the Congress on Protecting the Consumer Interest’, American Presidency Project, published online by Gerhard Peters and John T. Woolley, accessed on 26th September 2018, 1–9, www.presidency.ucsb.edu/documents/special-message-the-congress-protecting-the-consumer-interest 3. Michael J. Trebilcock (1975), ‘Winners and Losers in the Modern Regulatory System: Must the Consumer Always Lose’, Osgoode Hall Law Journal, 13 (3), December, 619–47 4. Iain Ramsay (1985), ‘Framework for Regulation of the Consumer Marketplace’, Journal of Consumer Policy, 8 (4), December, 353–72 5. Norbert Reich (1992), ‘Diverse Approaches to Consumer Protection Philosophy’, Journal of Consumer Policy, 14 (3), September, 257–92 6. Sinai Deutch (1994), ‘Are Consumer Rights Human Rights?’, Osgoode Hall Law Journal , 32 (3), Fall, 537–78 7. Thomas Wilhelmsson (2004), ‘The Abuse of the “Confident Consumer” as a Justification for EC Consumer Law’, Journal of Consumer Policy, 27 (3), September, 317–37 8. Peter Cartwright (2015), ‘Understanding and Protecting Vulnerable Financial Consumers’, Journal of Consumer Policy, 38 (2), June, 119–38 B Sustainability and Consumer Law 9. Sothi Rachagan (2018), ‘Development and Consumer Law’, in Geraint Howells, Iain Ramsay and Thomas Wilhelmsson (eds), Handbook of Research on International Consumer Law: Second Edition, Chapter 3, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 35–63 10. Klaus Tonner (2000), ‘Consumer Protection and Environmental Protection: Contradictions and Suggested Steps Towards Integration’, Journal of Consumer Policy, 23 (1), March, 63–78 C Consumer and Competition Law 11. Angus MacCulloch (2018), ‘The Consumer and Competition Law’, in Geraint Howells, Iain Ramsay and Thomas Wilhelmsson (eds), Handbook of Research on International Consumer Law: Second Edition, Chapter 4, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 64–89 PART II APPROACHES AND METHODS OF CONSUMER LAW RESEARCH A Consumer Law and General Private Law 12. Hans-W. Micklitz (1999), ‘Principles of Social Justice in European Private Law’, Yearbook of European Law, 19 (1), January, 167–204 13. Brigitta Lurger (2011), ‘The ‘Social’ Side of Contact Law and the New Principle of Regard and Fairness’ in Arthur Hartkamp, Martijn Hesselink, Ewould Hondius, Chantal Mak and Edgar du Perron (eds), Towards a European Civil Code: Forth Revised and Expanded Edition, Chapter 15, Alphen aan den Rijn, Netherlands: Wolters Kluwer, 353–86 B Empirical and Behavioural Research 14. Ian Ayres (1991), ‘Fair Driving: Gender and Race Discrimination in Retail Car Negotiations’, Harvard Law Review, 104 (4), February, 817–72 15. Oren Bar-Gill (2007), ‘The Behavioural Economics of Consumer Contracts’, Minnesota Law Review, 92 (3), February, 749–802 16. Oren Bar-Gill, Omri Ben-Shahar and Florencia Marotta-Wurgler (2017), ‘Searching for the Common Law: The Quantitative Approach of Restatement of Consumer Contracts’, University of Chicago Law Review, January, 84 (7), Winter, 7–35 17. Anne-Lise Sibony (2015), ‘Can EU Consumer Law Benefit From Behavioural Insights’, in Klaus Mathis (ed.), European Perspectives on Behavioural Law and Economics (Economic Analysis of Law in European Legal Scholarship), Cham, Switzerland: Springer International Publishing, 901–41 C Comparative Consumer Law 18. Geraint Howells and Thomas Wilhelmsson (1997), ‘EC and US Approaches to Consumer Protection – Should the Gap Be Bridged?’ Yearbook of European Law, 17 (1), November, 207–67 19. James Q. Whitman (2007), ‘Consumerism Versus Producerism: A Study in Comparative Law’, Yale Law Journal, 117 (3), December, 340–406 D EU Consumer Policy 20. Jules Stuyck (2000), ‘European Consumer Law After the Treaty of Amsterdam: Consumer Policy in or Beyond the Internal Market’, Common Market Law Review, 37 (2), May, 367–400 21. Stephen Weatherill (2012), ‘The Consumer Rights Directive: How and Why a Quest for “Coherence” Has (Largely) Failed’, Common Market Law Review, 49 (4), June, 1279–317 Contents: Introduction An introduction to both volumes by the editors appears in Volume I PART I INFORMATION AND RIGHT OF WITHDRAWAL 1. William C. Whitford (1973), ‘The Function of Disclosure Regulation in Consumer Transactions’, Wisconsin Law Review, 68 (2), October, 400–70 2. Gillian K. Hadfield, Robert Howse and Michael J. Trebilcock (1998), ‘Information-Based Principles for Rethinking Consumer Protection Policy’, Journal of Consumer Policy, 21 (2), June, 131–69 3. Geraint Howells (2005), ‘The Potential and Limits of Consumer Empowerment by Information’, Journal of Law and Society, 32 (3), September, 349–70 4. Omri Ben-Shahar and Carl E. Schneider (2011), ‘The Failure of Mandated Disclosure’, University of Pennsylvania Law Review, 159 (3), February, 647–749 5. Pamaria Rekaiti and Roger Van den Bergh (2000), ‘Cooling-Off Periods in the Consumer Law of the EC Member States: A Comparative Law and Economics Approach’, Journal of Consumer Policy, 23 (4), December, 371–407 PART II UNFAIR BUSINESS PRACTICES 6. Jules Stuyck, Evelyne Terryn and Tom Van Dyck (2006),’Confidence Through Fairness? The New Directive on Unfair Business-to-Consumer Commercial Practices in the Internal Market’, Common Market Law Review, 43 (1), October, 107–52 PART III UNFAIR CONSUMER TERMS 7. Alan Schwartz and Louis L. Wilde (1983), ‘Imperfect Information in Markets for Contract Terms: The Examples of Warranties and Security Interests’, Virginia Law Review, 9 (8), November, 1387–485 8. Hans Erich Brandner and Peter Ulmer (1991), ‘The Community Directive on Unfair Terms in Consumer Contracts: Some Critical Remarks on the Proposal Submitted by the EC Commission’, Common Market Law Review, 28, October, 647–62 9. Hugh Beale (1995), ‘Legislative Control of Fairness: The Directive on Unfair Terms in Consumer Contracts’, in Jack Beatson and Daniel Friedman (eds), Good Faith and Fault in Contract Law, Chapter 9, Oxford, UK and New York, NY, USA: Oxford University Press, 231–61 10. Hans-W. Micklitz and Norbert Reich (2014),’The Court and Sleeping Beauty: The Revival of the Unfair Contract Terms Directive (UCTD)’, Common Market Law Review, 51 (3), October, 771–808 11. Mindy Chen-Wishart (2014), ‘Regulating Unfair Terms’, in Louise Gullifer and Stefan Vogenauer (eds), English and European Perspectives on Contract and Commercial Law: Essays in Honour of Hugh Beale, Chapter 7, Oxford, UK: Hart Publishing, 105–30 12. Chris Willett (2012), ‘General Clauses and the Competing Ethics of EU Consumer Law in the UK’, Cambridge Law Journal, 71 (2), July, 412–40 PART IV CONSUMER SALES 13. George L. Priest (1981), ‘A Theory of the Consumer Product Warranty’, Yale Law Journal, 90 (6), May, 1297–352 PART V DIGITALISATION 14. Colin Scott (2004), ‘Regulatory Innovation and the Online Consumer’, Law and Policy, 26 (3-4), August, 477–506 15. Natali Helberger, M.B.M. Loos, Lucie Guibault, Chantal Mak and Lodewijk Pessers (2013),‘Digital Content Contracts for Consumers’, Journal of Consumer Policy, 36 (1), March, 37–57 16. Arun Sundararajan (2016),’The Shifting Landscape of Regulation and Consumer Protection’, in The Sharing Economy: The End of Employment and the Rise of Crowd-Based Capitalism, Chapter 6, Cambridge, Massachusetts, MA, USA: MIT Press, 131–58 PART VI CONSUMER CREDIT 17. Iain Ramsay (1995),’Consumer Credit Law, Distributive Justice and the Welfare State’, Oxford Journal of Legal Studies, 15 (2), July, 177–97 18. Udo Reifner (2007), ‘Renting a Slave – European Contract Law in the Credit Society’ in Thomas Wihelmsson, Elina Paunio and Annika Pohjolainen (eds), Private Law and the Many Cultures of Europe, Chapter 17, The Hague: Kluwer Law International, 325–42 19. Toni Williams (2007), ‘Empowerment of Whom and for What? Financial Literacy Education and the New Regulation of Consumer Financial Services’, Law and Policy, 29 (2), April, 226–56 20. Thomas Wilhelmsson (1990), ‘”Social Force Majeure” – A New Concept in Nordic Consumer Law’, Journal of Consumer Policy, 13 (1), March, 1–14 PART VII PRODUCT LIABILITY 21. David G. Owen (1993), ‘The Moral Foundations of Products Liability Law: Towards First Principles’, Notre Dame Law Review, 68 (3), September, 427–506 22. Geraint G. Howells and Mark Mildred (1998), ‘Is European Products Liability More Protective Than the Restatement (Third) of Torts: Product Liability?’, Tennessee Law Review, 65, November, 985–1030 23. Mathias Reimann (2003),‘Liability for Defective Products at the Beginning of the Twenty-First Century: Emergence of a Worldwide Standard?’, American Journal of Comparative Law, 51 (4), October, 751–838 24. Aaron D. Twerski and James A. Henderson Jr. (2009), ‘Manufacturers’ Liability for Defective Product Designs: The Triumph of Risk Utility’, Brooklyn Law Review, 74 (3), December, 1061–108 PART VIII SERVICES OF GENERAL INTEREST 25. Peter Rott (2005), ‘A New Social Contract Law For Public Services? – Consequences from Regulation of Services of General Economic Interest in the EC’, European Review of Contract Law, 1 (3), September, 323–45 Index
£644.00
Edward Elgar Publishing Ltd Research Handbook on International Arms Control
Book SynopsisThis Research Handbook provides a broad yet detailed treatment of international arms control law. It takes stock of existing arms control agreements, addresses current challenges and aims to indicate avenues for the future development of this distinct branch of public international law. Split across nine thematic parts, this comprehensive Handbook goes beyond the pure encyclopaedic approach by providing analytical and doctrinal guidance. Chapters provide extensive analysis of international arms control law, addressing both conventional weapons and new technologies, contextualising arms control law and politics through identifying actors, forums and regulatory approaches. The impressive list of contributors also explore geographical zones of arms control including Africa, Asia, Europe and Latin America. Investigating both complex theoretical and recent practical approaches into arms control law, this Research Handbook will be an ideal read for interested students and academics as well as practitioners involved in conflict, security and international law.Table of ContentsContents: PART I ARMS CONTROL LAW IN CONTEXT 1 Arms control law and international conflict and security law 2 Eric P.J. Myjer and Thilo Marauhn 2 International law and international relations in arms control: The case of nuclear weapons 21 Paul Rusman 3 Technology and arms control law 40 Jonathan Herbach PART II FORUMS 4 The League of Nations period 56 Alexander Orakhelashvili 5 The United Nations as a forum for arms control 67 Eric P.J. Myjer and Thilo Marauhn 6 The UN Conference on Disarmament 77 Judith Thorn 7 The European Union and international arms control: Assessing legal competences and instruments 89 Ramses A. Wessel PART III REGULATORY APPROACHES 8 Prevention and prohibitions as elements of arms control 105 Dieter Fleck 9 Strategic trade controls 120 Daniel H. Joyner 10 Command and control as a subject of arms control 130 Barry de Vries and Rafael Lima Asche 11 Informal efforts 142 Mirko Sossai PART IV NUCLEAR WEAPONS 12 Non-proliferation of nuclear weapons 155 Tom Coppen 13 Nuclear test ban 170 Masahiko Asada 14 Limitation and reduction of nuclear arsenals 187 Piet de Klerk 15 Nuclear security 203 Jonathan Herbach 16 Regulatory regimes for missile defence systems and fissile material 215 Hennie Strydom 17 The Treaty on the Prohibition of Nuclear Weapons 235 Harald Müller PART V BIOLOGICAL AND CHEMICAL WEAPONS 18 The 1925 Geneva Protocol 250 Michael Bothe 19 The Biological Weapons Convention 258 Una Jakob 20 The Chemical Weapons Convention 278 Ralf Trapp PART VI CONVENTIONAL WEAPONS 21 The CCW – a vital potential role 298 William H. Boothby 22 The Conventional Armed Forces in Europe (CFE) Treaty 314 Wolfgang Richter 23 The Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Anti-Personnel Mines and on their Destruction 347 Stuart Casey-Maslen 24 The ENMOD Convention 359 Silja Vöneky 25 The UN Arms Trade Treaty: A breakthrough or with some birth defects? 377 Zeray Yihdego PART VII NEW TECHNOLOGIES 26 3D printing 408 Barry de Vries 27 Unmanned military systems and autonomous weapons systems 423 Robert Frau 28 The regulation of cyber weapons 440 Nicholas Tsagourias and Giacomo Biggio PART VIII SPECIFIC ZONES OF ARMS CONTROL 29 Nuclear-weapon-free zones and other nuclear-free areas 456 Natalino Ronzitti 30 Demilitarised zones 466 Marco Roscini and Marco Longobardo PART IX SUPERVISION AND ENFORCEMENT 31 The limited role of judicial dispute settlement 481 James D. Fry and Saroj Nair 32 The International Atomic Energy Agency (IAEA) 502 Laura Rockwood 33 The Organisation for the Prohibition of Chemical Weapons (OPCW) 529 Treasa Dunworth 34 Comprehensive Nuclear-Test-Ban Treaty Organization: Preparatory Commission 543 Jenifer Mackby 35 The OSCE 568 Maria Brandstetter and Lisa Tabassi 36 The United Nations Security Council and arms control: A failure of responsibility 592 Mary Ellen O’Connell and Sawyer White Concluding remarks 609 Eric P.J. Myjer and Thilo Marauhn Index
£265.00
Edward Elgar Publishing Ltd International Law
Book SynopsisInternational Law provides a comprehensive theoretical examination of the key areas of international law. In addition to classic cases and materials, Carlo Focarelli addresses the latest relevant international practice to illustrate contemporary themes and trends in international law and to examine its most topical challenges. The key features of this textbook include: A unitary - 'systemic' and 'realist-constructivist' theoretical illustration of international law, essential to an understanding of how international law works in practice and can, or should be changed A clear logical structure and thorough cross-referencing, for accessible, systemic and consistent learning Up-to-date bibliographies at the end of each chapter and academic commentary on the very latest cases, covering all aspects of international law. Insightful and topical, this textbook will be an invaluable teaching resource for students of law, political science, and international relations. 'Carlo Focarelli's textbook aims to achieve theoretical cohesiveness about international law as a system and yet at the same time emphasises the importance of state practice, not just the practice of courts but also diplomatic practice more widely. What is particularly welcome is the book's aim to familiarise readers outside Italy with international legal thinking and state practice from an important European country that for centuries has been a significant contributor to the discourse of international law. This unique approach reflects well the contemporary trend for studying international law from comparative perspectives and will make the book a valuable read for students interested in international law.' - Lauri Mälksoo, University of Tartu, EstoniaTrade Review'Offering a cohesive vision of international law through a systemic, realist-constructivist approach, Carlo Focarelli's International Law makes an important contribution to the list of international law treatises.' --Charlotte Ku, Texas A&M University, School of Law, US'Italian doctrine has given invaluable contributions to international law discussion. At present this is often lost due to the language barrier. Carlo Focarelli's textbook continues the tradition of the old Italian masters, develops it further, and opens this wealth of insight and knowledge to an international audience. A textbook of enormous intellectual strength and elegance!' --Peter Hilpold, University of Innsbruck, Austria'This is an impressive summa legis exposed from the vantage point of a very high peak overarching the mountainous, rocky and sometimes more remotely flat landscapes of international law. All main questions of this peculiar legal order, from the sources to the subjects, from economy to use of force and to settlement of disputes, are reviewed by one of the most gifted and powerful international lawyers of his generation and country. The reader will appreciate the fine-tuned, sensitive and original treatment of these subject matters, wielded in a personal tune placed aloof from simple mainstream repetitions.' --Robert Kolb, University of Geneva, SwitzerlandTable of ContentsContents: Preface Introduction Part I The States System and the Governance of Humankind 1. The States System and the International Community 2. Inter-State Creation and Intra-State Application of International Law 3. The Allocation of States’ Governmental Authority Part II International Rules Protecting The Common Values of Humankind 4. Inter-State Order 5. Human Person 6. Sustainable Economy 7. Global Security Part III International Responsibility and the International Settlement of Disputes 8. International Responsibility 9. The International Settlement of Disputes Index
£173.00
Edward Elgar Publishing Ltd International Law
Book SynopsisInternational Law provides a comprehensive theoretical examination of the key areas of international law. In addition to classic cases and materials, Carlo Focarelli addresses the latest relevant international practice to illustrate contemporary themes and trends in international law and to examine its most topical challenges. The key features of this textbook include: A unitary - 'systemic' and 'realist-constructivist' theoretical illustration of international law, essential to an understanding of how international law works in practice and can, or should be changed A clear logical structure and thorough cross-referencing, for accessible, systemic and consistent learning Up-to-date bibliographies at the end of each chapter and academic commentary on the very latest cases, covering all aspects of international law. Insightful and topical, this textbook will be an invaluable teaching resource for students of law, political science, and international relations. 'Carlo Focarelli's textbook aims to achieve theoretical cohesiveness about international law as a system and yet at the same time emphasises the importance of state practice, not just the practice of courts but also diplomatic practice more widely. What is particularly welcome is the book's aim to familiarise readers outside Italy with international legal thinking and state practice from an important European country that for centuries has been a significant contributor to the discourse of international law. This unique approach reflects well the contemporary trend for studying international law from comparative perspectives and will make the book a valuable read for students interested in international law.' - Lauri Mälksoo, University of Tartu, EstoniaTrade Review'Offering a cohesive vision of international law through a systemic, realist-constructivist approach, Carlo Focarelli's International Law makes an important contribution to the list of international law treatises.' --Charlotte Ku, Texas A&M University, School of Law, US'Italian doctrine has given invaluable contributions to international law discussion. At present this is often lost due to the language barrier. Carlo Focarelli's textbook continues the tradition of the old Italian masters, develops it further, and opens this wealth of insight and knowledge to an international audience. A textbook of enormous intellectual strength and elegance!' --Peter Hilpold, University of Innsbruck, Austria'This is an impressive summa legis exposed from the vantage point of a very high peak overarching the mountainous, rocky and sometimes more remotely flat landscapes of international law. All main questions of this peculiar legal order, from the sources to the subjects, from economy to use of force and to settlement of disputes, are reviewed by one of the most gifted and powerful international lawyers of his generation and country. The reader will appreciate the fine-tuned, sensitive and original treatment of these subject matters, wielded in a personal tune placed aloof from simple mainstream repetitions.' --Robert Kolb, University of Geneva, SwitzerlandTable of ContentsContents: Preface Introduction Part I The States System and the Governance of Humankind 1. The States System and the International Community 2. Inter-State Creation and Intra-State Application of International Law 3. The Allocation of States’ Governmental Authority Part II International Rules Protecting The Common Values of Humankind 4. Inter-State Order 5. Human Person 6. Sustainable Economy 7. Global Security Part III International Responsibility and the International Settlement of Disputes 8. International Responsibility 9. The International Settlement of Disputes Index
£52.20
Edward Elgar Publishing Ltd Chinese Perspectives on the International Rule of
Book SynopsisBuilding upon an understanding of the rule of law as an ?'essentially contested concept?', this insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law at both a national and international level.In particular, chapters focus on China?s impact on global trade and security governance. These case studies enable conclusions to be drawn regarding China?'s more general perspectives on the international rule of law as a concept. Offering a thorough analysis of EU-China relationships, the book highlights the prospects and challenges for a meaningful dialogue on the rule of law and the international rule of law. In doing so, it illustrates the merits of the rule of law as a concept to engage in meaningful dialogues across a myriad of legal and political systems.This book will hold particular appeal for students and scholars of Chinese Law, International Law, EU-China Relations, and legal theory. Policy makers will also find this a stimulating read as the work aims to build both academic and policy bridges between the Western and Chinese conceptions on the rule of law at both national and international levels.Trade Review'In this academically rich, thoughtful and nuanced analysis of rule of law-related discourses and practices in China, Burnay addresses the prospects for the emergence of a consensus on the rule of law and the international rule of law. An important contribution to the ongoing debate about law and politics in China and beyond.' --Eva Pils, King's College London, UK'This book provides a comprehensive overview and timely analysis of how China understands the rule of law and the international rule of law. It helps readers understand the political, social, economic and historical contexts within which the ''Chinese characteristics'' are formed, as well as the differences between Chinese perspective and European perspectives on the international rule of law. In this valuable research on the development of the rule of law in China, Matthieu Burnay inspires reflections on how China has changed and how China can be changed.' --Jing Men, College of Europe, BelgiumTable of ContentsContents: Introduction 1. The rule of law: origins, prospects and challenges 2. From the rule of law to the international rule of law 3. The Socialist Rule of Law with Chinese Characteristics: zooming-out of a triangle? 4. China in the World Trade Organization: implications for the international rule of law 5. China in the UN Security Council: implications for the international rule of law 6. Chinese perspectives on the rule of law at the national and international levels Conclusions Bibliography Index
£122.40
Edward Elgar Publishing Ltd Accession to the World Trade Organization: A
Book SynopsisThis detailed and perceptive book examines the extent and scope of how rules for accession to the WTO may vary between countries, approaching the concerns that some countries enter with a better deal than others. Dylan Geraets critiques these additional ?rules? and aims to answer the question of whether new Members of the WTO are under stricter rules than the original Members, whilst analysing the accession process to the multilateral trading system.Taking an integrated approach, the author combines the results of a Mapping Exercise of all 36 Protocols of accession with a legal analysis of the decisions by the WTO Dispute Settlement Body involving Protocols of Accession. In doing so, this book provides the first comprehensive analysis of the issue of Member-specific ?WTO-Plus? commitments in Protocols of Accession. Whilst addressing the institutional and historical aspects of the WTO accession process, it provides a vital update to the existing scholarship on WTO accession, offering coverage of all accessions including those of Afghanistan, Kazakhstan and Liberia.Accession to the World Trade Organization will be invaluable reading for academics interested in WTO accession practice, as well as lawyers, practitioners and government officials in the field of WTO accession.Trade Review'This is a long overdue analysis: how is one to classify and then interpret the widely different obligations found in the Accession Protocols of new members. Dylan Geraets does an admirable job in navigating these underexposed yet noteworthy new rules in the WTO system. With this book he has made his mark.' --Marco Bronckers, Leiden University, the Netherlands'Close to one in four WTO members acceded to the WTO after its establishment in 1995. What is the legal status of their ''entry fee'' commitments? What WTO-plus and/or -minus rules can be found in the 36 Accession Protocols to date? Is the WTO veering toward a multi-tiered membership? This book is the first in-depth legal analysis of WTO accession rules and jurisprudence. An indispensable guide to understanding the role of ''newcomers'' such as China and Russia in the world trading system.' --Joost Pauwelyn, Georgetown University Law Centre, USTable of ContentsContents: Part I: Accession to the Multilateral Trading System 1. The General Agreement on Tariffs and Trade 1947 (GATT 1947) and the World Trade Organization (WTO) – Why Join the Club? 2. Membership of the GATT 1947 and the WTO 3. The Scope of the Multilateral Trading System Part II: The Status of Protocols of Accession in the legal framework of the WTO 4. The Status of Protocols of Accession in the Legal Framework of the WTO Part III: Mapping Exercise: The Content of Protocols of Accession 5. Mapping Exercise: Methodology and Typology – Commitments on Specific Matters 6. Mapping Exercise: The Results Part IV: Conclusion 7. Concluding Remarks Selected Bibliography Index
£121.00
Edward Elgar Publishing Ltd Islamic International Law: Historical Foundations
Book SynopsisThrough the analysis of Al-Shaybani?'s most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani?'s work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani?'s work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani?'s writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani?'s writing in a modern context.This book will be a useful and unique resource for scholars in the field of international Islamic law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, ?just war?, international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.Trade Review‘Bashir makes a major contribution to this field of law, introducing readers to the essential contributions of Al-Shaybani. For anyone interested in a non-European perspective on the history of international law, this book provides an insightful presentation of the large volume of legal doctrine regulating the laws of war and peace in Islamic law.’ -- Mona Samadi, Nordic Journal of International Law‘Bashir’s book is a valuable addition to the literature of international law, as it can be regarded as the first comprehensive English-language study of Al-Shaybani’s Siyar. Bashir should be highly praised for his scholarly presentation of Al-Shaybani’s Siyar to the readership of international law and, more importantly, for locating Al-Shaybani in the list of international law scholars who have made outstanding contributions to world peace and security.’ -- Abdulmalik M Altamimi, Journal of Law and Religion‘Dr Bashir’s book is a masterpiece. It strikes at the foundation of modern international law by challenging its historical attribution to Western Europe. The book will be an interesting read for students and scholars of international law who may be interested in knowing the intersections between classical Islamic international law and modern international law on the one hand and the major similarities and differences between Al-Shaybani and St Augustine, Gratian, Aquinas, Vitoria and Grotius on the other hand. The book is highly recommended.’ -- Abubakri Yekini, Manchester Journal of Transnational Islamic Law & Practice‘Bashir’s book indeed promises to redefine the history of international law.’ -- Jus Gentium, Journal of International Legal History‘Elegantly written, clearly ordered, extensively referenced and meticulously examined.’ -- Nicholas Coulton, Ecclesiastical Law Journal'Positioning himself in the enduring dispute over the nature, legacy and contemporary relevance of Siyar, Khaled Ramadan Bashir aims at enlarging the traditional Western perspective on international law. One does not have to agree in all its particulars to find this book thought-provoking and an important contribution to intercivilizational legal dialogue.' --Marie-Luisa Frick, University of Innsbruck, Austria'Khaled Ramadan Bashir is to be commended for shining a light on Shaybani and his place as a pioneer and one of the greatest of scholars of international law. This study breaks the stranglehold of the European origins of international law and forces scholars to engage with the millennium between Antiquity and Discovery by acknowledging the centrality of the Siyar: the study of the Islamic Law of Nations.' --Jean Allain, Monash University, AustraliaTable of ContentsContents: 1. Introduction 2. Reading Historical Sources 3. The Law of War 4. Rules on the Consequences of War 5. The Law of Peace 6. Conclusion Bibliography Index
£115.00
Edward Elgar Publishing Ltd Japan, the European Union and Global Governance
Book SynopsisThis timely book explores the relationship between Japan and the European Union as they work increasingly closely together in many areas of global governance. It discusses the most salient areas of such cooperation from a range of perspectives, while examining not just convergences but also differences.Written by experts from both Europe and Japan, interdisciplinary chapters investigate both actors' current approaches to global governance and multilateralism as well as providing a historical perspective on their bilateral relations. The book explores their cooperation in areas stretching from trade and finance to security in light of the recent EU-Japan Economic Partnership Agreement and Strategic Partnership Agreement. Offering insights into their current relationship, it outlines challenges for the future, and draws relevant lessons from the history of global governance in Asia and Europe.Scholars of Asian and European law with an interest in international governance and regulation, and particularly those working in EU-Japan affairs, will find this a significant and stimulating read. It will also be useful for policy-makers in the EU and Japan working in international security, trade, and economic, monetary and financial policy.Trade Review‘For anyone interested in understanding power politics and what is happening in the world, this book is good background reading on a relationship that has become more important to global governance not only in the field of economics and trade but also when it comes to other issues such as security and international politics.’ -- Journal of Japanese Studies'In the rapidly changing landscape of the world power constellation, this book presents the state of play of the liberal democratic world, focusing on Japan and the EU. One author concludes: ''While certainly multilateralism is not thrown overboard, it is complemented with bilateral forms of cooperation. The EU-Japan partnership is a good example indeed.'' It traces Japan-EU relations, in particular focusing on the Economic Partnership Agreement (entered into force in 2019), and the Strategic Partnership Agreement (at the provisional application stage).' -- Takako Ueta, Kagawa University and Sophia University, Japan, and former Ambassador, Deputy Chief of the Mission of Japan to the EU'Anyone who wishes to know more about the dynamics between the EU and Japan across a range of issues areas should find this book a welcome addition to the literature. Clearly documenting how the European Union enhances its economic and strategic partnerships at the bilateral and multilateral level in an increasingly contested global order, the book highlights the evolving relationship with Japan as they both seek to contain China's quest for cross-regional influence, fill the void of American leadership, and foster strategic bilateral cooperation across key policy goals. While specific chapters focus on economic cooperation highlighting mutual agreement on data flows, climate bonds, and non-tariff trade barriers, the authors conclude that there is no guarantee whether these agreements will achieve their stated objectives. Such enhancement of broader foreign policy goals and commitments is also critical at the multilateral level where several chapters assess the prospects for EU and Japan to enhance global cooperation when faced with increased dissatisfaction with the performance and power structures of global institutions leading to the expansion of alternative modes of global governance. Drawing on research in law, politics and economics, the focus on the evolving EU-Japan partnership provides some comparative lessons to determine how their respective norms and commitments can provide an important counterweight to challenges to global governance and the liberal international order if they can operationalize their ambitious strategic partnership to shape evolving markets, rules, rights regimes.' -- Michelle Egan, American University, US'Japan, the European Union and Global Governance provides a timely and empirically rich assessment of the EU-Japan relationship. It presents an excellent resource for students and scholars who wish to gain a deeper insight into the dynamics of the bilateral EU and Japan relationship but also into their collective commitment to international cooperation and effective multilateralism. Leading experts from Europe and Japan offer legal, economic and security insights, and in doing so they succeed in putting this salient EU-Japan relationship in the necessary historical, political and international context. A must-read for foreign policy, area studies or international relations scholars with an interest in Europe and Asia.' -- Heidi Maurer, University of Bristol, UKTable of ContentsContents: 1. Introduction to Japan, the European Union and global governance: setting the scene 1 Eiji Ogawa, Kolja Raube, Camille Van der Vorst, Dimitri Vanoverbeke and Jan Wouters PART I SITUATING EU–JAPAN COOPERATION IN GLOBAL GOVERNANCE 2. The EU’s commitment to multilateralism in times of contestation: reshaping EU–Japan relations? 20 Kolja Raube, Alex Andrione-Moylan and Jan Wouters 3. Multilateralism and global governance: Japan in the World Bank, the G7 and G20 summits 44 Ryo Oshiba PART II THE EU AND JAPAN IN GLOBAL ECONOMIC GOVERNANCE BETWEEN COOPERATION AND CONFLICT 4. The dynamics of the EU–Japan relationship and divergent discourses on economic governance 65 Dimitri Vanoverbeke and Camille Van der Vorst 5. The non-tariff barriers of the EU–Japan EPA 87 Camille Van der Vorst 6. International production networks and required new global governance: mega-FTAs and the WTO 112 Fukunari Kimura 7. EU–Japan cooperation in international trade governance: from the QUAD to JEEPA 123 Ines Willemyns and Jan Wouters 8. Regional monetary and financial cooperation for crisis prevention and management: East Asia vs the EU 162 Eiji Ogawa and Michiru Sakane PART III EU–JAPAN COOPERATION IN SELECTED FIELDS OF GLOBAL GOVERNANCE 9. Security governance in regional and global governance – Japan and the EU 178 Michael Reiterer 10. Multilevel protection of fundamental rights in Europe and its impact on Asia 201 Yumiko Nakanishi Index 224
£99.00
Edward Elgar Publishing Ltd Democracy and International Law
Book SynopsisAt the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a "democratic entitlement" was then emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of a democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. This research review identifies the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent "democratic recession" in many regions of the world.Trade Review‘This is a timely collection of the best writings from the past two decades on whether liberal-democratic norms have successfully infiltrated international law, a field that—while traditionally built upon the concept of the State—has been agnostic as to governmental legitimacy. A must read for anyone concerned with the implications for inter-State relations of threats to democracy worldwide, and an excellent companion volume to Democratic Governance and International Law (2000).' -- Sean D. Murphy, George Washington University, US, U.N. International Law Commission and former President of the American Society of International LawTable of ContentsContents: Introduction Gregory H. Fox and Brad R. Roth xii PART I PRESENT OVERALL STATUS OF EMERGING RIGHT TO DEMOCRATIC GOVERNANCE 1. Susan Marks (2011), ‘What has Become of the Emerging Right to Democratic Governance?’, European Journal of International Law, 22 (2), May, 507–24 2 2. Jean d’Aspremont (2011), ‘The Rise and Fall of Democracy Governance in International Law: A Reply to Susan Marks’, European Journal of International Law, 22 (2), May, 549–70 20 3. Christian Pippan (2012), ‘Democracy as a Global Norm: Has it Finally Emerged?’, Matthew Happold (ed.), International Law in a Multipolar World, Chapter 10, Abingdon, UK and New York, NY, USA: Taylor & Francis, 203–23 42 4. Jure Vidmar (2014), ‘Judicial Interpretations of Democracy in Human Rights Treaties’, Cambridge Journal of International and Comparative Law, 3 (2), 532–55 63 5. Erika de Wet (2015), ‘From Free Town to Cairo via Kiev: The Unpredictable Road of Democratic Legitimacy in Governmental Recognition’, American Journal of International Law Unbound, 108, 201–7 87 6. Brad R. Roth (2015), ‘Whither Democratic Legitimism?: Contextualizing Recent Developments in the Recognition and Non- Recognition of Governments’, American Journal of International Law Unbound, 108, 213–18 94 7. Jean d’Aspremont (2015), ‘The Pipe Dream of Constraining Recognition Through Democracy: International Lawyers’ Regulatory Project Continued’, American Journal of International Law Unbound, 108, 219–21 100 8. Christina M. Cerna (2015), ‘Democratic Legitimacy and Respect for Human Rights: The New Gold Standard’, American Journal of International Law Unbound, 108, 222–7 103 9. Obiora Chinedu Okafor (2015), ‘Democratic Legitimacy as a Criterion for the Recognition of Governments: A Response to Professor Erika De Wet’, American Journal of International Law Unbound, 108, 228–32 109 10. Vasiliki Saranti (2015), ‘Democratic Legitimacy as a Criterion for Recognizing a Government: Towards the Emergence of a Regional Customary Rule in The Americas? A Reply to Professor Erika De Wet’, American Journal of International Law Unbound , 108 , 233–8 114 PART II DEMOCRACY AND SELF-DETERMINATION 11. Russell A. Miller (2003), ‘Self-Determination in International Law and the Demise of Democracy?’, Columbia Journal of Transnational Law , 41 , 601–48 121 12. Niels Petersen (2008), ‘The Principle of Democratic Teleology in International Law’, Brooklyn Journal of International Law , 34 (1), 33–84 169 13. Brad R. Roth (2018), ‘The Relevance of Democratic Principles to the Self-Determination Norm’, in Peter Hilpold (ed.), Autonomy and Self-Determination , Chapter 3, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 56–76 221 PART III EVALUATING ELECTIONS 14. Christina Binder (2009), ‘Two Decades of International Electoral Support: Challenges and Added Value’, Max Planck Yearbook of United Nations Law , 13 , 213–46 243 15. Avery Davis-Roberts and David J. Carroll (2010), ‘Using International Law to Assess Elections’, Democratization , 17 (3), June, 416–41 277 16. Barrie Sander (2019), ‘Democracy Under The Influence: Paradigms of State Responsibility for Cyber Influence Operations on Elections’, Chinese Journal of International Law , 18 (1), March, 1–56 303 PART IV THE UNITED NATIONS 17. Gregory H. Fox (2004), ‘Democratization’, in David Malone (ed.), The UN Security Council: From the Cold War to the 21st Century , Chapter 5, Colorado, USA: Lynne Rienner Publishers, 69–84 360 18. Francesco Mancini (2016), ‘Promoting Democracy’, in Sebastian von Einsiedel, David M. Malone and Bruno Stagno Ugarte (eds), The UN Security Council in the 21st Century , Part II, Chapter 12, Colorado, USA: Lynne Rienner Publishers, 235–57 376 PART V REGIONAL ARRANGEMENTS 19. Agustín Ruiz Robledo (2018), ‘The Construction of the Right to Free Elections by the European Court of Human Rights’, Cambridge International Law Journal , 7 (2), 225–40 400 20. Enrique Lagos and Timothy D. Rudy (2004), ‘In Defense of Democracy’, University of Miami Inter-American Law Review, 35 (2), Spring, 283–309 416 21. Thomas Legler and Thomas Kwasi Tieku (2010), ‘What Difference Can a Path Make? Regional Democracy Promotion Regimes in the Americas and Africa’, Democratization, 17 (3), June, 465–91 443 22. Kalkidan N. Obse and Christian Pippan (2015), ‘Collectively Protecting Constitutionalism and Democratic Governance in Africa: A Tale of High Hopes and Low Expectations?’, Cambridge Journal of International and Comparative Law, 4 (2), 344–67 470 23. Solomon A. Dersso (2019), ‘The Status and Legitimacy of Popular Uprisings in the AU Norms on Democracy and Constitutional Governance’, Journal of African Law, 63 (S1), May, 107–30 494 PART VI DEMOCRATIC RECESSION 24. Amichai Magen (2015), ‘The Right to Democratic Governance in an Era of Democratic Recession’, Cambridge Journal of International and Comparative Law, 4 (2), 368–87 519 25. David Landau (2017), ‘Democratic Erosion and Constitution- Making Moments: The Role of International Law’, UC Irvine Journal of International, Transnational, and Comparative Law, 2, 87–112 539 PART VII DEMOCRACY AND INTERNAL CRISES 26. Jacob Wobig (2015), ‘Defending Democracy with International Law: Preventing Coup Attempts with Democracy Clauses’, Democratization, 22 (4), 631–54 566 27. Issaka K. Souaré (2014), ‘The African Union as a Norm Entrepreneur on Military Coups d’État in Africa (1952–2012): An Empirical Assessment’, Journal of Modern African Studies, 52 (1), 69–94 590 28. Eki Yemisi Omorogbe (2011), ‘A Club of Incumbents? The African Union and Coups d’État’, Vanderbilt University Journal of Transnational Law, 44 (1), 123–54 616 29. Ozan O. Varol (2012), ‘The Democratic Coup d’État’, Harvard International Law Journal, 53 (2), Summer, 291–356 648 30. Matthew Saul (2012), ‘The Search for an International Legal Concept of Democracy: Lessons from the Post-Conflict Reconstruction of Sierra Leone’, Melbourne Journal of International Law, 13 (1), 540–68 714 PART VIII DEMOCRACY, INTERVENTION AND PEACE 31. David Wippman (2015), ‘Pro-Democratic Intervention’, in Marc Weller (ed.), The Oxford Handbook of the Use of Force in International Law, Chapter 36, Oxford, UK and New York, NY, USA: Oxford University Press, 797–815 744 32. Sara McLaughlin Mitchell and Paul F. Diehl (2012), ‘Caution in What You Wish For: The Consequences of a Right to Democracy’, Stanford Journal of International Law, 48 (2), Summer, 289–317 763 33. Simone van den Driest (2010), ‘“Pro-Democratic” Intervention and the Right to Political Self-Determination: The Case of Operation Iraqi Freedom’, Netherlands International Law Review, 57 (1), March, 29–72 792 34. Jeremy I. Levitt (2006), ‘Pro-Democratic Intervention in Africa’, Wisconsin International Law Journal, 24 (3), 785–833 836 Index
£352.00
Edward Elgar Publishing Ltd Charity with Chinese Characteristics: Chinese
Book SynopsisThis thought-provoking book explores the functions of charitable foundations in the People's Republic of China. Using both empirical fieldwork and extensive textual analysis, it examines the role of foundations in Chinese society and their relationship with the Chinese government. Taking an interdisciplinary approach, Katja Levy and Knut Benjamin Pissler offer a comprehensive overview of the contemporary legal and political frameworks within which Chinese charitable foundations operate, as well as an assessment of their historical and traditional contexts. They re-evaluate the existing literature on China's civil society, and provide a new, functional perspective on the role of foundations, complementing mainstream civil society and corporatist perspectives. This incisive book will be invaluable reading for scholars researching the third sector in China, as well as practitioners working in this sector. Scholars and students of contemporary Chinese law, politics and society will also find its insights useful. Trade Review‘Charity with Chinese Characteristics has undeniable value as a source book. The citations and their comprehensiveness enhance this value. Scholars in topically related fields of study - including but not limited to civil society, welfare systems, authoritarian control systems, and political mechanisms at the grassroots - will find Charity with Chinese Characteristics useful as a comparative reference. For scholars of Chinese politics and society, and especially those working in the fields listed above, it is a recommended read.’ -- Tom Cliff, The China Journal‘This book will likely serve as the authoritative account of the legal‘The volume by Levy and Pissler definitely enriches our knowledge of how public and private is intertwined in China, and how philanthropy and nonprofits are systematically used to achieve both an improvement of governance and simultaneously an intensification CPC hegemony. The authors successfully manage to unveil the often referred to “Chinese Characteristics” that might be translated into a combined notion of Foucault's approach of governmentality and the Gramscian concept of hegemony.’ -- Annette Zimmer, VOLUNTAS: International Journal of Voluntary & Nonprofit Organizations'Until recently, China had successfully followed the paths of Western governments eager to ease the regulatory barriers for large scale philanthropy in hopes of unlocking private resources to complement public expenditure. But as this deeply-researched, important study demonstrates, Chinese foundations only partially resemble their independent Western counterparts because they are effectively instrumentalized by the Chinese Party-state, as Levy and Pissler convincingly show by developing an innovative analytical framework. This book will be indispensable reading for anyone interested in Chinese philanthropy and civil society.' --Stefan Toepler, George Mason University, US'One of the most important developments in China in recent years has been the rise of new wealth and how the Chinese Communist Party is responding. Charitable foundations are increasing in number and taking on roles formerly the preserve of government agencies. In this important study, Levy and Pissler look at the development of the sector and the constraints placed upon it by the authorities. A well-informed and important book that should be read by all interested in developments in contemporary China.' --Tony Saich, Harvard Kennedy School, US'This is one of the first international books that deals with Chinese charitable foundations, broadly covering the third sector as well as the problems and opportunities of charity in China. It is an impressive interdisciplinary work authored by two renowned experts in the field. They rightly use a functional governance approach, present extensive historical and empirical data and provide excellent information on the current function of foundations in China's society. In sum: A book not to be missed.' --Klaus J. Hopt, Max Planck Institute for Comparative and International Law, GermanyTable of ContentsContents: Preface and Acknowledgements 1. Introduction PART I: STATE OF THE ART, THEORETICAL FRAMEWORK, RESEARCH QUESTION AND METHODOLOGY 2. State of the art 3. Theoretical framework: a functional governance approach to the study of foundations 4. Research gap, research question, data, and methodology PART II: THE EVOLUTION OF CHINESE CHARITABLE FOUNDATIONS 5. History and traditions of charity in China until 1978 6. Developments since 1978 PART III: THE LEGAL AND POLITICAL ENVIRONMENT OF CHARITABLE FOUNDATIONS IN CHINA 7. The legal framework of Chinese foundations 8. The political background of Chinese foundations PART IV: THE FUNCTIONS OF CHINESE FOUNDATIONS 9. Functions of Chinese Foundations 10. Conclusion Index
£105.00
Edward Elgar Publishing Ltd Advanced Introduction to Law and Globalisation
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. 'This is a must-have first book for anyone interested in global/transnational law, law and globalisation or legal globalisation, all complex concepts so fascinatingly expounded by the book. One great advantage of this book is that it concisely and comprehensively analyses the pluralist phenomenon of law and globalisation and provides a coherent theoretical/conceptual web connecting major interdependent, interrelated disciplines, theories, methodologies, and dimensions utilised in existing studies of the above phenomenon. The book takes a laudable fresh approach embracing not only the orthodoxies but also a novel and forward-looking perspective fitting for new powers such as China.'- Qiao Liu, The University of Queensland, Australia This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law. Key features include: Comprehensive treatment of main themes and approaches in law and globalisation discussions Provides a theoretical basis for evaluating legal globalisation Includes contemporary developments Examples from many jurisdictions offer a genuinely global perspective. An ideal concise companion for students and scholars alike, this book sets out an alternative view to law and globalisation that will interest anyone concerned with the future of legal globalisation.Trade Review'The field of law and globalisation is increasingly important, but also increasingly difficult to navigate, because it encompasses an expanding range of concepts, perspectives, and phenomena -- global law, global governance, transnational law, comparative law, legal pluralism, universalism, and so on -- that scholars rarely take the time to distinguish or define. Professor Husa has done students and scholars alike a great service by writing a fair-minded and broad-ranging introduction to the subject that cuts through this thicket in clear and concise fashion.' --David S. Law, Washington University in St. Louis, US and The University of Hong Kong'This timely book provides a perfect introduction to the multifaceted and ambivalent discussion about law and globalisation. Written by an authority in the field, this book is not only a concise and highly readable introduction for newcomers to the field, but also provides a well-informed and innovative critique of the foundations and consequences of globalisation of law. Highly recommended!' --Jan Smits, Maastricht University, the Netherlands.'Professor Husa's advanced introduction to globalisation and law is a timely and much needed work that examines the topic, not in some textbook defined way, but in terms of the tensions and debates that this complex and controversial subject generates. The author begins by showing that historically law has always had a global dimension (ius gentium, ius commune, ius naturale, colonialization, human rights etc) and he goes on to consider the difficulties that globalisation presents to comparative lawyers. Professor Husa guides the reader effortlessly through these difficulties and advances his own important argument that comparative law will have to move away from its traditional nation state bound view of law. He pursues this argument in examining the more precise aspects of the global debate - neoliberalism, constitutionalism, human rights, lex mercatoria and judicial internationalisation - before posing this question. What kind of theoretical and methodological base is required when thinking about law in a global context? Traditional theory and methods are tested within the globalisation paradigm and the author concludes by stressing the importance of legal pluralism within a culturally diverse world. How should all of this impact on legal education and in turn on legal language? What Professor Husa provides is a very informative and clear analysis - introductory but equally profoundly wide-ranging in its research base - of these two issues. Legal globalisation? Here in this book are all the arguments, debates, tensions and of course some answers.' --Geoffrey Samuel, Kent Law School, UKTable of ContentsContents: Preface PART I FOUNDATIONS 1. Defining law and globalisation 2. Globalisations in time PART II LEGAL GLOBALISATIONS 3. Comparative law and global law 4. Globalising legalities PART III THEORY AND METHODOLOGY 5. Theorising globally 6. Methodological views PART IV EDUCATION AND LANGUAGE 7. Educating lawyers 8. Language of law and legal globalisation 9. Conclusion Index
£89.00
Edward Elgar Publishing Ltd Research Handbook on the International Penal
Book SynopsisDrawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the Research Handbook on the International Penal System critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners. These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development.This up-to-date assessment will provide valuable insights for researchers and students of international criminal law and justice, comparative penal law, penology, prisoners' rights and transitional and restorative justice. Its recommendations for development will also interest international and national officials working in criminal law and justice.Contributors: D. Abels, K. Ambos, O. Bekou, S. D Ascoli, T.A. Doherty, M.A. Drumbl, S.A. Fisher, B. Holá, A. Jones, N. Kiefer, C. McCarthy, L. McGregor, R. Mulgrew, J.C. Nemitz, M.M. Penrose, G. Sluiter, S. Snacken, A. Trotter, H. van der Wilt, J. van Wijk, D. van Zyl Smit, R. YoungTrade Review'A huge gap in the literature is filled with this authoritative volume. The issues at the delivery point of the international justice system, when convicted criminals are punished, receive comprehensive treatment by the world's experts in this field. This work is an indispensable addition to any international criminal law library.' --William A. Schabas, Middlesex University, UK and Leiden University, the NetherlandsTable of ContentsContents: Preface PART I INTERNATIONAL REMAND DETENTION 1. The Legal Position of International Detainees: Applicable Law and Standards Jan Christoph Nemitz 2. Provisional Release from International Remand Detention Andrew Trotter PART II INTERNATIONAL PENALTIES 3. Ius Puniendi and Individual Criminal Responsibility in International Criminal Law Kai Ambos 4. Determinate and Indeterminate Sentences of Imprisonment in International Criminal Justice Dirk Van Zyl Smit 5. Fines and Forfeiture in International Criminal Justice Rebecca Young PART III INTERNATIONAL SENTENCING 6. International Sentencing: Law and Practice Silvia D’Ascoli 7. Judicial Cross-Referencing in the Sentencing Practice of International(ized) Criminal Courts and Tribunals Annika Jones PART IV INTERNATIONAL TRANSFERS 8. The Transfer of the Execution of Sentences of the International Criminal Court in Light of Inter-State Practice Harmen Van Der Wilt 9. Rule 11bis: Exploring the Penal Aspects of Transferring Cases to National Courts by the Ad Hoc Tribunals Olympia Bekou PART V INTERNATIONAL IMPRISONMENT 10. State Cooperation in the Enforcement of Sentences Göran Sluiter 11. Limiting the Objectives of the Enforcement of International Punishment Denis Abels 12. Rehabilitating International Prisoners Barbora Holá and Joris Van Wijk PART VI INTERNATIONAL STANDARDS, OVERSIGHT AND SUPERVISION 13. International Penal Law: Aligned with or Autonomous from International Human Rights Law? Lorna Mcgregor 14. Oversight of International Imprisonment: The Committee for the Prevention of Torture Sonja Snacken and Nik Kiefer 15. Enforcement of Sentences and Oversight of Prisoners Convicted by the Special Court for Sierra Leone Teresa Anne Doherty and Shireen Avis Fisher PART VII ALTERNATIVES TO CUSTODIAL PUNISHMENT 16. International Punishment from ‘Other’ Perspectives Mark A. Drumbl 17. The International Criminal Court’s Regime of Victim Redress: Non-Punitive Responses to Crimes Under the Rome Statute Conor Mccarthy PART VIII DEVELOPING THE INTERNATIONAL PENAL SYSTEM 18. Creating an International Prison Margaret M. Penrose 19. The Costs of Suspicion: A Critical Analysis of the Compensation Scheme Established By Article 85(3) of the Rome Statute Róisín Mulgrew Conclusion Index
£50.30
Edward Elgar Publishing Ltd Research Handbook on International Law and Peace
Book SynopsisPeace is an elusive concept, especially within the field of international law, varying according to historical era and between Research Handbook responds to the gap created by the neglect of peace in international law scholarship. Explaining the normative evolution of peace from the principles of peaceful co-existence to the UN declaration on the right to peace, this Research Handbook calls for the fortification of international institutions to facilitate the pursuit of sustainable peace as a public good. It sets forth a new agenda for research that invites scholars from a broad array of disciplines and fields of law to analyse the contribution of international institutions to the construction and implementation of sustainable peace. With its critical examination of courts, transitional justice institutions, dispute resolution and fact-finding mechanisms, this Research Handbook goes beyond the traditional focus on post-conflict resolution, and includes areas not usually found in analyses of peace such as investment and trade law. Bringing together contributions from leading researchers in the field of international law and peace, this Research Handbook analyses peace in the context of law applicable to women, refugees, environmentalism, sustainable development, disarmament, and other key contemporary issues. This thoughtful Research Handbook will be a crucial tool for policymakers, practitioners, and academics in the fields of international law, human rights, jus post bellum, and development. Its comprehensive insights to the field will also be of benefit for students of political science, law, and peace studies. Contributors: B.A. Andreassen, C.M. Bailliet, D. Behn, K. Egeland, O. Engdahl, O.K. Fauchald, J. Garcia-Godos, C. Hellestveit, M. Janmyr, S. Kanuck, K.M. Larsen, K. Lidén, G. Nystuen, S. O'Connor, J.C. Sainz-Borgo, K. Skarstad, V.B. Strand, H. Syse, A Tadjdini, C. Voigt, C. Weiss, P. Wrange, G. ZyberiTrade Review‘Bailliet’s publication serves its purpose of being an effective research guide to the study of contemporary international law and peace. The contributions are relevant, forward-thinking, and engaging.’ -- Hollie Jackson, University of Tasmania Law ReviewTable of ContentsContents: 1. Introduction: Researching International Law and Peace Cecilia M. Bailliet PART I THE NORMATIVE SCOPE OF PEACE AND ITS EXCEPTIONS 2. The Politics of Peace and Law: Realism, Internationalism and the Cosmopolitan Challenge Kristoffer Lidén and Henrik Syse 3. Normative Foundation of the International Law of Peace in a Post-Western Age Cecilia M. Bailliet 4. The Good Faith Obligation to Maintain International Peace and Security and the Pacific Settlement of Disputes Cecilia M. Bailliet and Simon O’Connor 5. Protecting Which Peace for Whom against What? A Conceptual Analysis of Collective Security Pål Wrange 6. Protection of Human Rights and the Maintenance of International Peace and Security: Necessary Precondition or a Clash of Interests? Ola Engdahl PART II PRECONDITIONS OF PEACE 7. Human Rights Violations and Conflict Risk: A Theoretical and Empirical Assessment Kjersti Skarstad 8. Traps of Violence: A Human Rights Analysis of the Relationship between Peace and Sustainable Development Bård A. Andreassen 9. World Peace and International Investment: The Role of Investment Treaties and Arbitration Ole Kristian Fauchald and Daniel Behn 10. Environmentally Sustainable Development and Peace: The Role of International Law Christina Voigt 11. Nuclear Abolition from Baruch to the Ban Kjølv Egeland 12. The Potential of the Arms Trade Treaty to Reduce Violations of International Humanitarian Law and Human Rights Law Gro Nystuen and Kjølv Egeland PART III CIVIL SOCIETY PARTICIPATION IN THE PROMOTION AND SAFEGUARDING OF PEACE 13. Non-Discrimination and Equality as the Foundations of Peace Vibeke Blaker Strand 14. Refugees and Peace Maja Janmyr 15. Transforming Reality: Employing International Law to End Practices that Exclude Women as Peacemakers, Peacekeepers, and Peacebuilders Cornelia Weiss PART IV INSTITUTIONAL IMPLEMENTATION OF PEACE 16. Promoting Peace Through the International Law of Peace Operations Kjetil Mujezinović Larsen 17. Quasi-Judicial Mechanisms: International Fact-Finding ? Cecilie Hellestveit 18. Building Trust Through Accountability: Transitional Justice in the Search for Peace Jemima García-Godos 19. The Role and Contribution of International Courts in Furthering Peace as an Essential Community Interest Gentian Zyberi 20. World Peace through World Trade? The Role of Dispute Settlement in the WTO Ole Kristian Fauchald 21. Promoting peace and stability in cyberspace Sean Kanuck 22 The Constitutional Dimension of Peace Azin Tadjdini Epilogue Juan Carlos Sainz-Borgo Index
£222.00
Edward Elgar Publishing Ltd Encyclopedia of Law and Development
Book SynopsisThis comprehensive Encyclopedia is an indispensable resource in the area of law and development. Bringing together more than 80 entries, the Encyclopedia spans a variety of approaches, contextualised histories, recent developments and forward-looking insights into the role of law in development.Entries cover the social, economic and environmental aspects of sustainable development, and offer a conceptual and contextualised perspective on key topics and terms. The Encyclopedia pluralises scholarship in the field by featuring eminent scholars of law and development alongside up-and-coming voices from both the Global South and North with diverse approaches and backgrounds.The Encyclopedia of Law and Development is an invaluable reference point for scholars seeking to engage with issues at the intersection of law and development from both within and outside of the legal field. It is also a thorough but succinct overview for post-graduate students wishing to familiarise themselves with the various aspects of law and development research and study.Key features: More than 80 entries Organised alphabetically for ease of reference Entries by both leading scholars and up-and-coming voices Each entry features selected references for further study Up-to-date outlook linked to the 2030 Agenda for Sustainable Development and Sustainable Development Goals. Trade Review’The full realization of the right to development is still a long quest for the international community. This unique and pioneering Encyclopedia reveals and deconstructs the power of law in achieving development in its economic, social, cultural, environmental and political dimensions. De Feyter, Türkelli and de Moerloose have concocted a masterpiece that highlights how lawyers can contribute to the welfare of the developing world as much as Amartya Sen. -- - Makane Moïse Mbengue, University of Geneva, Switzerland and SciencesPo Law School, FranceTable of ContentsContents: 1. Future of Law and Development Research: An Introduction to the Encyclopedia of Law and Development 1 Koen de Feyter, Gamze Erdem Türkelli and Stéphanie de Moerloose 2. Academy and Law and Development: The United States and Beyond 4 David M. Trubek 3. Actors and Instruments 8 Philipp Dann and Michael Riegner 4. Approaches to Law and Development 11 Liliana Lizarazo-Rodríguez 5. Armed Conflict 16 Ajla Škrbić 6. Biodiversity 20 Christine Frison 7. Cities 24 Urmila Soni (Govindjee) 8. Civil Society 28 Ada Ordor 9. Climate 32 Justine Bendel 10. Common but Differentiated Responsibility 36 Amita Punj 11. Common Heritage of Mankind 40 Alberto Pecoraro 12. Comparative Law 44 Diego A. Dolabjian 13. Corruption 47 Martin Skladany 14. Courts 51 Octávio Luiz Motta Ferraz 15. Cultural Heritage 55 Alessandra Asteriti 16. Decent Work 59 Avinash Govindjee and Thando Qotoyi 17. Democracy 64 Daniel Mathew 18. Duty to Cooperate 68 Julien Dellaux 19. Education 72 Joanna Botha 20. Enabling International Environment 76 Celine Tan 21. Energy 80 Ignacio Sabbatella 22. Extraterritorial Human Rights Obligations 84 Arne Vandenbogaerde 23. Financing for Development 87 Siobhán Airey 24. Future Generations 91 Julien Dellaux 25. Gender Equality 95 Joanna Botha with Glancina Mokone 26. Global Governance 99 Ikboljon Qoraboyev 27. Good Governance 104 Morag Goodwin 28. Growth and De-growth 108 Wouter Vandenhole 29. Health 110 Avinash Govindjee and Mayowa Ajigboye 30. Human Rights 114 Wouter Vandenhole 31. Humanitarian Crisis 118 Deborah Casalin 32. Hunger 121 Amita Punj 33. Imperialism 124 Nadia Latif 34. Indigenous Peoples 128 Felix Mukwiza Ndahinda 35. Industry and Infrastructure 131 Kinnari Bhatt 36. Inequality 135 Mikaela Heikkilä and Maija Mustaniemi-Laakso 37. Intellectual Property Rights 139 Titilayo Adebola 38. International Commodity Agreements 143 Michael Fakhri 39. International Financial Regulation and Sustainable Finance 147 Jeremmy Okonjo 40. International Law 151 Yusra Suedi 41. International Solidarity 154 Obiora Chinedu Okafor 42. International Trade Law 158 Rafael Lima Sakr 43. Investor 163 Nitish Monebhurrun 44. Law and Development Experts 166 Deval Desai 45. Law, Finance and Development 169 Andreia Costa Vieira 46. Law of Foreign Investment 173 Mavluda Sattorova 47. Law, Race and Development 177 Foluke Adebisi 48. Legal Pluralism 181 Helga María Lell 49. Life below Water 184 Patrick H.G. Vrancken 50. Local Authorities 187 Paul Stacey 51. Migration 191 Lila García 52. Mother Earth 195 Leonardo Villafuerte Philippsborn 53. Multilateral Development Banks 198 Philipp Dann and Thomas Dollmaier 54. Multistakeholderism 202 Gamze Erdem Türkelli 55. National Policy Space 207 Celine Tan 56. Natural Resources 211 Julia Dehm 57. Official Development Assistance 216 Siobhán Airey 58. Parliaments 220 Philipp Dann and Michael Riegner 59. Peace, Justice and Strong Institutions 224 Ntemesha Maseka 60. Philanthropic Institutions 228 Amaka Vanni 61. Planetary Boundaries 232 Vincent Bellinkx 62. Poverty 236 Lilla Crouse 63. Public Administration 240 Yong-Shik Lee 64. Regulating Multinational Corporations 243 Daria Davitti 65. Resistance 246 Giedre Jokubauskaite 66. Right to Development 249 Julie Gibson 67. Rights of Nature 253 María Valeria Berros 68. Rule of Law 256 Juan Bautista Etcheverry 69. Security 260 Anna-Liisa Heusala 70. Social Protection 264 Markus Kaltenborn 71. South-South and Triangular Cooperation 268 Raquel de Mattos Pimenta, Lívia Gil Guimarães and Diogo R. Coutinho 72. Sovereign Debt 271 Liliana Lizarazo-Rodríguez 73. Sovereignty 276 Koen de Feyter 74. Sustainability 279 Stéphanie de Moerloose 75. Tax and Development 283 Attiya Waris 76. Terrorism 287 Martin Scheinin 77. Traditional Authorities 291 Janine Ubink 78. Transfer of Technology 294 Vitor Henrique Pinto Ido, Sheila C. Neder Cerezetti and Juliana Krueger Pela 79. Transitional Justice 298 Jeannette Francesca Rodgers 80. United Nations 301 Michael Riegner 81. Water and Sanitation 305 Devanshi Saxena Index 309
£181.00
Edward Elgar Publishing Ltd Comparative Law and Regulation: Understanding the
Book Synopsis'The fields of comparative administrative law and its close cousin, regulatory law, are now experiencing the explosion that occurred a while ago in comparative constitutional law. This Bignami and Zaring volume provides both excellent introduction into these newest developments and a record of substantial research achievements.'- Martin Shapiro, University of California, Berkeley, School of LawRegulation today is global. It affects everything from e-commerce to product safety to air quality and much more. How is regulation made and enforced in the multiple domestic and international jurisdictions called upon to address the problems of international markets and global society? To understand the global regulatory process, it is necessary to move beyond conventional sub-fields of law like administrative law and international law. Drawing on contributions from an international team of leading scholars with diverse subject and country expertise, Comparative Law and Regulation introduces a new field of legal research geared at understanding the operation of the regulatory process across the world. The volume affords cutting-edge analysis of the entire gamut of regulatory law: rulemaking by bureaucracies, legislatures, and private bodies; oversight by public and private actors; civil and criminal enforcement; and judicial review. The chapters cover over thirty different domestic and international jurisdictions, including the United States, Germany, the European Union, India, China, South Korea, Colombia, the World Trade Organization, and private investor-state arbitral tribunals.The theoretical and methodological innovations introduced in this book will make it compulsory reading for scholars of public law, comparative law, and international law as well as those working in public policy, political science, and economics. For legal professionals in government agencies and the private sector, it affords both a useful theoretical framing of the complex issues involved in international and comparative regulation and an up-to-date overview of the legal and technical aspects. Contributors include: J. Baert Wiener, F. Bignami, A.R. Chapman, C. Coglianese, E.A. Feldman, C. Fish, L. Forman, J. Fowkes, D.A. Hensler, H.C.H. Hofmann, C.-Y. Huang, R.D. Kelemen, E. Lamprea, D.S. Law, D. Lima Ribeiro, J. Ohnesorge, L. Peter, S. Rose-Ackerman, G. Shaffer, J.L. Short, S. Smismans, B. Van Rooij, W. Wagner, B. Worthy, J. Yackee, D. ZaringTrade ReviewComparative Law and Regulation: Understanding the Global Regulatory Process opens a new frontier in administrative and comparative law. It visualizes the subject of government regulation of private business enterprise in international terms. It examines the ways in which different countries as well as international organizations engage in regulation, and the checks and balances that constrain that process. It considers the possibilities of convergence and transplants from one country to another. It examines the many dimensions of the problem including developed vs. developing countries, private vs. public regulators, and pluralistic vs. neo-corporatist systems. Global regulation is a subject of immense practical and political importance, and this volume does justice to its complexity.' --Michael Asimow, Stanford Law School'This collection, written by leading scholars of administrative law, is a major contribution to a field whose importance is increasingly recognized. The chapters combine thoughtful theoretical analyses - based in part on a framework clearly laid out in an introductory essay - with detailed examination of the actual operation of administrative law in several legal arenas defined both by their subject matters and the legal systems in which the issues arise. The literature in this new field is significantly deepened by this valuable collection.' --Mark Tushnet, Harvard Law School'Comparative Law and Regulation invites and assists scholars and policy makers to reassess how regulation operates within their own countries in light of the experience of other countries. The twenty-one chapters, written by leading scholars, weave together multiple disciplinary perspectives to capture the rich complexity of regulatory processes in an accessible and helpful manner. Bignami and Zarling have edited a commanding contribution to the emerging field of comparative law and regulation.' --Sidney Shapiro, Wake Forest UniversityTable of ContentsContents: INTRODUCTION A New Field: Comparative Law and Regulation Francesca Bignami PART I THE REGULATORY STATE ACROSS THE GLOBE 1. The Historical Origins of American Regulatory Exceptionalism Reuel Schiller 2. Regulation in the European Union R. Daniel Kelemen 3. The Regulatory State in East Asia John Ohnesorge PART II RULEMAKING 4. Participation in the U.S. Administrative Process Wendy Wagner 5. Regulatory Procedure and Participation in the European Union Stijn Smismans PART III OVERSIGHT 6. Impact Assessment: Diffusion and Integration Jonathan B. Wiener and Daniel L. Ribeiro 7. Access to Information in the UK and India Ben Worthy PART IV ENFORCEMENT 8. The Campaign Enforcement Style: Chinese Practice in Context and Comparison Benjamin Van Rooij 9. Can Private Class Actions Enforce Regulations? Do They? Should They? Deborah R. Hensler PART V JUDICIAL REVIEW 10. Regulation and the Courts: Judicial Review in Comparative Perspective Francesca Bignami 11. Proportionality Review of Administrative Action in Japan, Korea, Taiwan, and China Cheng-Yi Huang and David S. Law 12. Structural Reform Litigation, Regulation and the Right to Health in Colombia Everaldo Lamprea, Lisa Forman and Audrey R. Chapman 13. The Law of Lawmaking: Positive Political Theory in Comparative Public Law Susan Rose-Ackerman, Stefanie Egidy and James Fowkes PART VI PRIVATE REGULATION AND NEW GOVERNANCE 14. The Troubling Conjunction of Public and Private Law Peter L. Strauss 15. Performance-Based Regulation: Concepts and Challenges Cary Coglianese 16. Transplanting Law in a Globalized World: Private Transnational Regulation and the Legal Transplant Paradigm Jodi L. Short PART VII INTERNATIONAL JURISDICTIONS 17. How the WTO Shapes the Regulatory State Gregory Shaffer 18. International Investment Law and Regulatory Governance Jason Yackee 19. The Emerging Post-Crisis Paradigm for International Financial Regulation David Zaring 20. The Integrated Administrative Law and Governance of the European Union Herwig C. H. Hofmann 21. Governing Disasters: The Challenge of Global Disaster Law and Policy Eric A. Feldman and Chelsea Fish Index
£52.20
Edward Elgar Publishing Ltd Economic Analysis of International Law
Book SynopsisThrough original and incisive contributions from leading scholars, this book applies economics and other rational choice methods to understanding public international law, providing a birds-eye view on some of its most fundamental elements from the perspective of economics.The chapters cover a range of topics, beginning with the building blocks of the nation state, and continuing with the sources and the enforcement of international law and its various applications and extensions. The application of economic analysis to public international law is still in its formative stages, and Economic Analysis of International Law provides a useful overview, as well as setting directions for new research.This volume provides a path through recent literature while identifying new areas and issues for research, making it an invaluable resource for scholars of public international law.Contributors include: A. Bell, T. Broude, B.L. Coggins, T. Ginsburg, A. Guzman, I. Kala, E. Kontorovich, J.D. Morrow, F. Parisi, D. Pi, E. Spolaore, P.B. Stephan, A. van AakenTrade ReviewInternational law grows more and more important as a way for countries to cooperate to solve pressing global problems. The innovative essays in this volume, by some of the leading experts in the field, illuminate the dynamics and uses of international law, showing the way forward for government officials, scholars, and students.' --Joel P. Trachtman, The Fletcher School of Law and Diplomacy, Tufts University'International law is a latecomer to law and economics, but if this volume is any indication, it has quickly caught up with the competition. The authors provide state-of-the-art overviews of numerous aspects of international law. Their insights will help lay the foundations for work in years to come.' --Eric Posner, University of Chicago Law SchoolTable of ContentsContents: PART I THE BUILDING BLOCKS OF INTERNATIONAL ORDER The Economics of International Law: An Introduction Eugene Kontorovich and Francesco Parisi 1. The Economics of Political Borders Enrico Spolaore 2. The Economics of State Emergence and Collapse Bridget L. Coggins with Ishita Kala 3. Economic Analysis of Territorial Sovereignty Abraham Bell PART II SOURCES OF LAW 4. The Economic Analysis of International Treaty Law Francesco Parisi and Daniel Pi 5. Soft Law Andrew T. Guzman and Timothy Meyer 6. The Emergence and Evolution of Customary International Law Francesco Parisi and Daniel Pi PART III ENFORCEMENT 7. Treaty Enforcement Paul B. Stephan 8. The Interaction Between Domestic and International Law Tom Ginsburg PART IV APPLICATIONS AND EXTENSIONS 9. Atrocity, Policy, and the Laws of War: What does Political Science have to say to Law? James D. Morrow 10. Behavioral Economic Analysis of International Law Anne van Aaken and Tomer Broude Index
£40.95
Edward Elgar Publishing Ltd Environmental Crime
Book SynopsisEnvironmental crime is arguably the most vital and destructive crime of the 21st century, especially in the light of climate change and shifts in social, economic and ecological circumstances that will accompany global warming. The author takes an excitingly broad and refreshing approach to environmental crime and investigates a variety of topics including illegal fishing, poaching, wildlife crimes, animal abuse, climate change and ecocide as well as crimes related to waste, energy and contamination.Trade Review‘This two volume collection edited by Professor Rob White offers a challenging and insightful flavour of the criminological endeavour to address one of the most prescient challenges of the 21st century: environmental crime. Edited by one of the foremost academics in this field these two volumes do not claim to be exhaustive but as the editor says they do claim to be “interesting, provocative, informative and stimulating”. They are certainly all of these things and more besides. Taken together they lay down an unprecedented challenge to academics, politicians and policy-makers alike to take environmental crime seriously: an essential collection for anyone interested in these issues.’ -- Sandra Walklate, Liverpool University, UK and Monash University, AustraliaTable of ContentsContents: Volume I Acknowledgements ix Introduction Rob White xii PART I ENVIRONMENTAL HARM AND TRANSNATIONAL ENVIRONMENTAL CRIME 1. Susan F. Mandiberg (2009), ‘Locating the Environmental Harm in Environmental Crimes’, Utah Law Review, 4, 1177–222 2 2. Brian J. Preston (2007), ‘Principled Sentencing for Environmental Offences – Part 2: Sentencing Considerations and Options’, Criminal Law Journal, 31 (3), 142–64 48 3. Ali Mohamed Al-Damkhi, Ali Mohamed Khuraibet, Sabah Ahmed Adbul-Wahab and Faten Abdul-Hameed Al-Attar (2009), ‘COMMENTARY: Toward Defining the Concept of Environmental Crime on the Basis of Sustainability’, Environmental Practice, 11 (2), June, 115–24 71 4. Glen Wright (2011), ‘Conceptualising and Combating Transnational Environmental Crime’, Trends in Organised Crime, 14 (4), December, 332–46 81 5. Lorraine Elliott (2012), ‘Fighting Transnational Environmental Crime’, Journal of International Affairs, 66 (1), Fall–Winter, 87–104 96 6. Greg L. Warchol, Linda L. Zupan and Willie Clack (2003), ‘Transnational Criminality: An Analysis of the Illegal Wildlife Market in Southern Africa’, International Criminal Justice Review, 13 (1), May, 1–27 114 7. Carole Gibbs, Meredith L. Gore, Edmund F. McGarrell and Louie Rivers III (2010), ‘Introducing Conservation Criminology: Towards Interdisciplinary Scholarship on Environmental Crimes and Risks’, British Journal of Criminology, 50 (1), 124–44 141 8. Leo R. Douglas and Kelvin Alie (2014), ‘High-Value Natural Resources: Linking Wildlife Conservation to International Conflict, Insecurity, and Development Concerns’, Biological Conservation, 171, 270–77 162 9. Rob White (2017), ‘The Four Ways of Eco-Global Criminology’, International Journal for Crime, Justice and Social Democracy, 6 (1), 8–22 170 10. Avi Brisman and Nigel South (2019), ‘Green Criminology and Environmental Crimes and Harms’, Sociology Compass, 13 (1), January, 1–12 185 PART II ILLEGAL FISHING 11. John L. McMullan and David C. Perrier (2002), ‘Lobster Poaching and the Ironies of Law Enforcement’, Law and Society Review, 36 (4), January, 679–717 198 12. Maria Hauck (2009), ‘Crime, Environment and Power: Revisiting the Abalone Fishery’, South African Journal of Criminal Justice, 22 (2), January, 229–45 237 13. Nerea Marteache, Julie Viollaz and Gohar A. Petrossian (2015), ‘Factors Influencing the Choice of a Safe Haven for Offloading Illegally Caught Fish: A Comparative Analysis of Developed and Developing Economies’, Crime Science, 4 (32), October, 1–13 254 14. Gohar Petrossian, Judith S. Weis and Stephen F. Pires (2015), ‘Factors Affecting Crab and Lobster Species Subject to IUU Fishing’, Ocean and Coastal Management, 106, March, 29–34 267 15. Gohar A. Petrossian (2015), ‘Preventing Illegal, Unreported and Unregulated (IUU) Fishing: A Situational Approach’, Biological Conservation, 189, September, 39–48 273 16. Eve de Coning and Emma Witbooi (2015), ‘Towards a New “Fisheries Crime” Paradigm: South Africa as an Illustrative Example’, Marine Policy, 60, October, 208–15 283 PART III POACHING AND BIRDLIFE 17. Stephen Pires and Ronald V. Clarke (2012), ‘Are Parrots CRAVED? An Analysis of Parrot Poaching in Mexico’, Journal of Research in Crime and Delinquency, 49 (1), March, 122–46 292 18. Stephen F. Pires, Jacqueline L. Schneider, Mauricio Herrera and José L. Tella (2016), ‘Spatial, Temporal and Age Sources of Variation in Parrot Poaching in Bolivia’, Bird Conservation International, 26 (3), September, 293–306 317 19. Ronald V. Clarke and Rolf A. de By (2013), ‘Poaching, Habitat Loss and the Decline of Neotropical Parrots: A Comparative Spatial Analysis’, Journal of Experimental Criminology, 9 (3), April, 333–53 331 20. Stephen F. Pires, Jacqueline L. Schneider and Mauricio Herrera (2016), ‘Organized Crime or Crime that is Organized? The Parrot Trade in the Neotropics’, Trends in Organized Crime, 19 (1), March, 4–20 352 21. Jessica S. Kahler and Meredith L. Gore (2012), ‘Beyond the Cooking Pot and Pocket Book: Factors Influencing Noncompliance with Wildlife Poaching Rules’, International Journal of Comparative and Applied Criminal Justice, 36 (2), May, 103–20 369 22. Erica von Essen, Hans Peter Hansen, Helena Nordström Källström, M. Nils Peterson and Tarla Rai Peterson (2014), ‘Deconstructing the Poaching Phenomenon: A Review of Typologies for Understanding Illegal Hunting’, British Journal of Criminology, 54 (4), July, 632–51 387 PART IV WILDLIFE CRIMES 23. Anita Lavorgna (2014), ‘Wildlife Trafficking in the Internet Age’, Crime Science, 3 (5), April, 1–12 408 24. Daan van Uhm (2016), ‘Monkey Business: The Illegal Trade in Barbary Macaques’, Journal of Trafficking, Organized Crime and Security, 2 (1), 36–49 420 25. William D. Moreto and A.M. Lemieux (2015), ‘From CRAVED to CAPTURED: Introducing a Product-based Framework to Examine Illegal Wildlife Markets’, European Journal on Criminal Policy and Research, 21 (3), December, 303–20 434 26. Anh Cao Ngoc and Tanya Wyatt (2013), ‘A Green Criminological Exploration of Illegal Wildlife Trade in Vietnam’, Asian Journal of Criminology, 8 (2), June, 129–42 452 27. Rebecca W.Y. Wong (2016), ‘The Organization of the Illegal Tiger Parts Trade in China’, British Journal of Criminology, 56 (5), September, 995–1013 466 28. Duarte Gonçalves (2017), ‘Society and the Rhino: A Whole-of- Society Approach to Wildlife Crime in South Africa’, South African Crime Quarterly, 60, June, 9–18 485 PART V ANIMAL ABUSE AND KILLING OF ANIMALS 29. Geertrui Cazaux (1999), ‘Beauty and the Beast: Animal Abuse from a Non-Speciesist Criminological Perspective’, Crime, Law and Social Change, 31 (2), March, 105–26 496 30. Michelle Larkins Jacques, Carole Gibbs and Louie Rivers III (2013), ‘Confined Animal Feeding Operations’, CRIMSOC: Journal of Social Criminology, 4, Autumn, 10–63 518 31. Ragnhild Sollund (2011), ‘Expressions of Speciesism: The Effects of Keeping Companion Animals on Animal Abuse, Animal Trafficking and Species Decline’, Crime, Law and Social Change, 55 (5), June, 437–51 572 32. Piers Beirne (2014), ‘Theriocide: Naming Animal Killing’, International Journal for Crime, Justice and Social Democracy, 3 (2), 49–66 587 33. Gareth Enticott (2011), ‘Techniques of Neutralising Wildlife Crime in Rural England and Wales’, Journal of Rural Studies, 27 (2), April, 200–208 605 34. Angus Nurse (2016), ‘Beyond the Property Debate: Animal Welfare as a Public Good’, Contemporary Justice Review, 19 (2), 174–87 614 Index Volume II Acknowledgements viii Introduction An introduction to both volumes by the editor appears in Volume I PART I CLIMATE CHANGE AND ECOCIDE 1. Clifford Shearing (2015), ‘Criminology and the Anthropocene’, Criminology and Criminal Justice, 15 (3), June, 255–69 2 2. Robert Agnew (2012), ‘Dire Forecast: A Theoretical Model of the Impact of Climate Change on Crime’, Theoretical Criminology, 16 (1), February, 21–42 17 3. Matthew Ranson (2014), ‘Crime, Weather, and Climate Change’, Journal of Environmental Economics and Management, 67 (3), 274–302 39 4. Polly Higgins, Damien Short and Nigel South (2013), ‘Protecting the Planet: A Proposal for a Law of Ecocide’, Crime, Law and Social Change, 59 (3), 251–66 68 5. Ronald C. Kramer (2013), ‘Carbon in the Atmosphere and Power in America: Climate Change as State–Corporate Crime’, Journal of Crime and Justice, 36 (2), 153–70 84 6. William C. Tucker (2012), ‘Deceitful Tongues: Is Climate Change Denial a Crime?’, Ecology Law Quarterly, 39 (3), 831–92 102 7. Deniz Tekayak (2016), ‘Protecting Earth Rights and the Rights of Indigenous Peoples: Towards an International Crime of Ecocide’, Fourth World Journal, 14 (2), Winter, 5–13 164 8. Rob White and Ronald C. Kramer (2015), ‘Critical Criminology and the Struggle Against Climate Change Ecocide’, Critical Criminology, 23 (4), November, 383–99 173 PART II AIR, LAND AND WATER CRIMES 9. Reece Walters (2010), ‘Toxic Atmospheres Air Pollution, Trade and the Politics of Regulation’, Critical Criminology, 18 (4), 307–23 191 10. Rebecca S. Katz (2010), ‘The Corporate Crimes of Dow Chemical and the Failure to Regulate Environmental Pollution’, Critical Criminology, 18 (4), 295–306 208 11. Lieselot C.J. Bisschop, Staci Strobl and Julie S. Viollaz (2018), ‘Getting into Deep Water: Coastal Land Loss and State–Corporate Crime in the Louisiana Bayou’, British Journal of Criminology, 58 (4), July, 886–905 220 12. Elaine Barclay and Robyn Bartel (2015), ‘Defining Environmental Crime: The Perspective of Farmers’, Journal of Rural Studies, 39, June, 188–98 240 13. Hope Johnson, Nigel South and Reece Walters (2016), ‘The Commodification and Exploitation of Fresh Water: Property, Human Rights and Green Criminology’, International Journal of Law, Crime and Justice, 44, March, 146–62 251 14. Robyn Luise Bartel (2005), ‘When the Heavenly Gaze Criminalises: Satellite Surveillance, Land Clearance Regulation and the Human-Nature Relationship’, Current Issues in Criminal Justice, 16 (3), March, 322–39 268 PART III WASTE, ENERGY AND CONTAMINATION 15. Don Liddick (2010), ‘The Traffic in Garbage and Hazardous Wastes: An Overview’, Trends in Organized Crime, 13 (2–3), September, 134–46 287 16. Vincenzo Ruggiero and Nigel South (2013), ‘Toxic State–Corporate Crimes, Neo-Liberalism and Green Criminology: The Hazards and Legacies of the Oil, Chemical and Mineral Industries’, International Journal for Crime, Justice and Social Democracy, 2 (2), 12–26 300 17. Karen Hulme and Damien Short (2014), ‘Ecocide and the “Polluter Pays” Principle: The Case of Fracking’, Environmental Scientist, April, 7–10 315 18. David M. Uhlmann (2011), ‘After the Spill is Gone: The Gulf of Mexico, Environmental Crime, and the Criminal Law’, Michigan Law Review, 109, June, 1413–61 319 19. Elizabeth A. Bradshaw (2015), ‘“Obviously, We’re all Oil Industry”: The Criminogenic Structure of the Offshore Oil Industry’, Theoretical Criminology, 19 (3), 376–95 368 20. Dale C. Spencer and Amy Fitzgerald (2013), ‘Three Ecologies, Transversality and Victimization: The Case of the British Petroleum Oil Spill’, Crime, Law and Social Change, 59 (2), March, 209–23 388 PART IV ILLEGAL LOGGING, DEFORESTATION AND BIOPIRACY 21. Tim Boekhout van Solinge (2010), ‘Deforestation Crimes and Conflicts in the Amazon’, Critical Criminology, 18 (4), December, 263–77 404 22. Penny Green, Tony Ward and Kirsten McConnachie (2007), ‘Logging and Legality: Environmental Crime, Civil Society, and the State’, Social Justice, 34 (2), September, 94–110 419 23. Lieselot Bisschop (2012), ‘Out of the Woods: The Illegal Trade in Tropical Timber and a European Trade Hub’, Global Crime, 13 (3), August, 191–212 436 24. Reece Walters (2004), ‘Criminology and Genetically Modified Food’, British Journal of Criminology, 44 (2), March, 151–67 458 25. David Rodríguez Goyes and Nigel South (2016), ‘Land-Grabs, Biopiracy and the Inversion of Justice in Colombia’, British Journal of Criminology, 56 (3), 558–77 475 26. Reece Walters (2006), ‘Crime, Bio-Agriculture and the Exploitation of Hunger’, British Journal of Criminology, 46 (1), 26–45 495 PART V CROSS-OVER CRIMES AND ORGANISED CRIMINAL NETWORKS 27. Johan Bergenas and Ariella Knight (2015), ‘Green Terror: Environmental Crime and Illicit Financing’, SAIS Review of International Affairs, 35 (1), Winter–Spring, 119–31 516 28. Henrik Österblom, Andrew Constable and Sayaka Fukumi (2011), ‘Illegal Fishing and the Organized Crime Analogy’, Trends in Ecology and Evolution, 26 (6), June, 261–62 529 29. Daan P. van Uhm and William D. Moreto (2018), ‘Corruption Within the Illegal Wildlife Trade: A Symbiotic and Antithetical Enterprise’, British Journal of Criminology, 58 (4), July, 864–85 531 30. Peter Martin and Reece Walters (2013), ‘Fraud Risk and the Visibility of Carbon’, International Journal for Crime, Justice and Social Democracy, 2 (2), September, 27–42 553 31. Stefano Caneppele, Michele Riccardi and Priscilla Standridge (2013), ‘Green Energy and Black Economy: Mafia Investments in the Wind Power Sector in Italy’, Crime, Law and Social Change, 59 (3), April, 319–39 569 32. Julie Ayling (2013), ‘What Sustains Wildlife Crime? Rhino Horn Trading and the Resilience of Criminal Networks’, Journal of International Wildlife Law and Policy, 16 (1), March, 57–80 590 Index
£473.00
Edward Elgar Publishing Ltd Advanced Introduction to Law and Development
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.In this thoroughly revised and updated second edition, Mariana Mota Prado and Michael J. Trebilcock offer a succinct and readable introduction to the main concepts and debates in the field of law and development. They examine the role of legal systems and institutions, investigate perceptions around what laws and legal arrangements encourage and facilitate development, and probe the issues arising in both private law and public law as well as in international economic relations.Key features of the second edition include: Discussion of the role of technology in promoting development Analysis of the potential impact of the Covid-19 pandemic on developing countries A brand new chapter investigating the role of health and education in development Written with the insight of two top experts in the field, this Advanced Introduction covers the most recent trends in law and development research and highlights areas that remain underexplored. It will be essential reading for students, practitioners and policy-makers looking to gain a clear understanding of the core principles of this multifaceted topic.Trade Review'The Advanced Introduction to Law and Development is the most comprehensive and interdisciplinary textbook on the role of law in socioeconomic development. The authors cover an impressive range of topics, including a new chapter on health and education, and offer a clear synthesis of the main academic and policy debates for each. A must read not only for the novice to the field but for anybody needing an update on the major debates and a great teaching tool.' -- Katharina Pistor, Columbia Law School, US'The Advanced Introduction to Law and Development by Mariana Mota Prado and Michael J. Trebilcock offers a concise, sophisticated, and highly readable overview of key areas in this vast and dynamic field. It is an excellent resource for students, scholars, and policymakers interested in understanding and contributing to the different roles of law in promoting economic and social development.' -- Mariana Pargendler, Fundação Getulio Vargas Law School, BrazilTable of ContentsContents: Introduction to the Advanced Introduction to Law and Development, second edition PART I CONCEPTUAL FOUNDATIONS 1. Defining development 2. Determinants of development 3. Institutional theories of development PART II THE STATE AND DEVELOPMENT 4. The rule of law and development 5. Political regimes and development 6. Public administration and development PART III HUMAN CAPITAL, CAPABILITIES AND DEVELOPMENT 7. Ethnic conflict and development 8. Gender and development 9. Education, health and development PART IV THE PRIVATE SECTOR AND DEVELOPMENT 10. Property rights, contracts and development 11. Infrastructure and development 12. Corruption and development PART V INTERNATIONAL ECONOMIC RELATIONS, LAW AND DEVELOPMENT 13. International trade and development 14. Foreign direct investment and development 15. Foreign aid 16. Conclusion Index
£98.67
Edward Elgar Publishing Ltd Advanced Introduction to Law and Development
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.In this thoroughly revised and updated second edition, Mariana Mota Prado and Michael J. Trebilcock offer a succinct and readable introduction to the main concepts and debates in the field of law and development. They examine the role of legal systems and institutions, investigate perceptions around what laws and legal arrangements encourage and facilitate development, and probe the issues arising in both private law and public law as well as in international economic relations.Key features of the second edition include: Discussion of the role of technology in promoting development Analysis of the potential impact of the Covid-19 pandemic on developing countries A brand new chapter investigating the role of health and education in development Written with the insight of two top experts in the field, this Advanced Introduction covers the most recent trends in law and development research and highlights areas that remain underexplored. It will be essential reading for students, practitioners and policy-makers looking to gain a clear understanding of the core principles of this multifaceted topic.Trade Review'The Advanced Introduction to Law and Development is the most comprehensive and interdisciplinary textbook on the role of law in socioeconomic development. The authors cover an impressive range of topics, including a new chapter on health and education, and offer a clear synthesis of the main academic and policy debates for each. A must read not only for the novice to the field but for anybody needing an update on the major debates and a great teaching tool.' -- Katharina Pistor, Columbia Law School, US'The Advanced Introduction to Law and Development by Mariana Mota Prado and Michael J. Trebilcock offers a concise, sophisticated, and highly readable overview of key areas in this vast and dynamic field. It is an excellent resource for students, scholars, and policymakers interested in understanding and contributing to the different roles of law in promoting economic and social development.' -- Mariana Pargendler, Fundação Getulio Vargas Law School, BrazilTable of ContentsContents: Introduction to the Advanced Introduction to Law and Development, second edition PART I CONCEPTUAL FOUNDATIONS 1. Defining development 2. Determinants of development 3. Institutional theories of development PART II THE STATE AND DEVELOPMENT 4. The rule of law and development 5. Political regimes and development 6. Public administration and development PART III HUMAN CAPITAL, CAPABILITIES AND DEVELOPMENT 7. Ethnic conflict and development 8. Gender and development 9. Education, health and development PART IV THE PRIVATE SECTOR AND DEVELOPMENT 10. Property rights, contracts and development 11. Infrastructure and development 12. Corruption and development PART V INTERNATIONAL ECONOMIC RELATIONS, LAW AND DEVELOPMENT 13. International trade and development 14. Foreign direct investment and development 15. Foreign aid 16. Conclusion Index
£22.95
Edward Elgar Publishing Ltd Research Methods in International Law: A Handbook
Book SynopsisThis timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.Split into five parts, the chapters cover key topics across doctrinal, empirical, socio-legal, interdisciplinary research methods and methodology. The contributors also apply their knowledge and insight to explore the relationship between different research methods and their role in international legal theory, reasoning and practice. Covering a range of diverse subjects yet written in a methodical style, the contributors furthermore engage with rethinking international law methods.This comprehensive Handbook will be invaluable for researchers in international law, as well as being an excellent resource for graduate and doctoral students.Trade Review'Academic international lawyers may have come to consider and discuss methodological concerns relatively late, but today’s international law has grown into a mature academic discipline, taken seriously both by outside audiences and itself. This Handbook contains a rich overview of contending approaches and techniques, often proxies for grand theories and perspectives. It offers food for thought, inspiration, wisdom, and things one can cheerfully disagree with - the editors are to be congratulated for having produced such a well-rounded volume.' -- Jan Klabbers, University of Helsinki, FinlandTable of ContentsContents: 1 Introduction 1 Rossana Deplano and Nicholas Tsagourias PART I RETHINKING METHODS 2 How to defend international legal method? 9 Richard Collins 3 Transatlantic divisions in methods of inquiry about law: What it means for international law 28 John Linarelli 4 International legal methods: Working for a tragic and cynical routine 43 Jean d’Aspremont 5 Methodology: Writing about how we do research 61 Sundhya Pahuja 6 Is international legal research international? 79 Rossana Deplano PART II DOCTRINAL 7 International legal positivist research methods 96 Jörg Kammerhofer 8 Microwaving dreams? Why there is no point in reheating the Hart-Dworkin debate for international law 112 Jason Beckett 9 Revisiting the New Haven methodology from an international law and policy perspective 132 Fozia Nazir Lone 10 Applying a natural law-method to international law 148 Jacob Giltaij 11 Marxist international law methodology? 162 Bill Bowring 12 International law and nervous states in the age of anger, the collapse of legal formalism and a return to natural law 181 Anthony Carty PART III EMPIRICAL AND SOCIO-LEGAL 13 The computational analysis of international law 204 Wolfgang Alschner 14 Process-tracing the meaning of international human rights law 229 Natalie R. Davidson 15 Experimental methodology in international law and the efficacy of international fact-finding: Evidence from the U.S. and Israel 245 Shiri Krebs 16 Tracing influence in international law: Beyond the antagonism between doctrine of law and social science 266 Maiko Meguro PART IV COMPARATIVE 17 Comparative international constitutional law and its methodology 284 Nicholas Tsagourias 18 Exploring African Union law through the lenses of comparative law: A comparative analysis with European Union law 303 Olufemi Amao and Matthew Chidebe Nwankwo 19 Qualitative comparative analysis (QCA) as an empirical method for international law 327 Pablo Castillo-Ortiz PART V INTERDISCIPLINARY RESEARCH 20 From interdisciplinary to x-disciplinary methodology of international law 346 Outi Korhonen 21 Economic analysis of international law 367 Anne van Aaken and Ivana Stradner 22 The philosophy of international law 386 Stephen Riley 23 Third World Approaches to International Law: Between theory and method 403 Justine Bendel 24 Global constitutionalism as a method in international economic law 417 Andreas. R. Ziegler and Xinyan Zhao 25 Sociological objectivism: Still relevant? 437 Vassilis P Tzevelekos and Antal Berkes 26 Feminist methodologies 459 Gina Heathcote and Paola Zichi 27 What are you looking at? Documentary film and international law 475 Wouter Werner 28 International law and diplomacy 488 Iakovos Iakovidis Index
£185.00
Edward Elgar Publishing Ltd Advanced Introduction to Law and Globalisation
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. 'This is a must-have first book for anyone interested in global/transnational law, law and globalisation or legal globalisation, all complex concepts so fascinatingly expounded by the book. One great advantage of this book is that it concisely and comprehensively analyses the pluralist phenomenon of law and globalisation and provides a coherent theoretical/conceptual web connecting major interdependent, interrelated disciplines, theories, methodologies, and dimensions utilised in existing studies of the above phenomenon. The book takes a laudable fresh approach embracing not only the orthodoxies but also a novel and forward-looking perspective fitting for new powers such as China.'- Qiao Liu, The University of Queensland, Australia This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law. Key features include: Comprehensive treatment of main themes and approaches in law and globalisation discussions Provides a theoretical basis for evaluating legal globalisation Includes contemporary developments Examples from many jurisdictions offer a genuinely global perspective. An ideal concise companion for students and scholars alike, this book sets out an alternative view to law and globalisation that will interest anyone concerned with the future of legal globalisation.Trade Review'The field of law and globalisation is increasingly important, but also increasingly difficult to navigate, because it encompasses an expanding range of concepts, perspectives, and phenomena -- global law, global governance, transnational law, comparative law, legal pluralism, universalism, and so on -- that scholars rarely take the time to distinguish or define. Professor Husa has done students and scholars alike a great service by writing a fair-minded and broad-ranging introduction to the subject that cuts through this thicket in clear and concise fashion.' --David S. Law, Washington University in St. Louis, US and The University of Hong Kong'This timely book provides a perfect introduction to the multifaceted and ambivalent discussion about law and globalisation. Written by an authority in the field, this book is not only a concise and highly readable introduction for newcomers to the field, but also provides a well-informed and innovative critique of the foundations and consequences of globalisation of law. Highly recommended!' --Jan Smits, Maastricht University, the Netherlands.'Professor Husa's advanced introduction to globalisation and law is a timely and much needed work that examines the topic, not in some textbook defined way, but in terms of the tensions and debates that this complex and controversial subject generates. The author begins by showing that historically law has always had a global dimension (ius gentium, ius commune, ius naturale, colonialization, human rights etc) and he goes on to consider the difficulties that globalisation presents to comparative lawyers. Professor Husa guides the reader effortlessly through these difficulties and advances his own important argument that comparative law will have to move away from its traditional nation state bound view of law. He pursues this argument in examining the more precise aspects of the global debate - neoliberalism, constitutionalism, human rights, lex mercatoria and judicial internationalisation - before posing this question. What kind of theoretical and methodological base is required when thinking about law in a global context? Traditional theory and methods are tested within the globalisation paradigm and the author concludes by stressing the importance of legal pluralism within a culturally diverse world. How should all of this impact on legal education and in turn on legal language? What Professor Husa provides is a very informative and clear analysis - introductory but equally profoundly wide-ranging in its research base - of these two issues. Legal globalisation? Here in this book are all the arguments, debates, tensions and of course some answers.' --Geoffrey Samuel, Kent Law School, UKTable of ContentsContents: Preface PART I FOUNDATIONS 1. Defining law and globalisation 2. Globalisations in time PART II LEGAL GLOBALISATIONS 3. Comparative law and global law 4. Globalising legalities PART III THEORY AND METHODOLOGY 5. Theorising globally 6. Methodological views PART IV EDUCATION AND LANGUAGE 7. Educating lawyers 8. Language of law and legal globalisation 9. Conclusion Index
£19.95
Edward Elgar Publishing Ltd Jurisprudence in a Globalized World
Book SynopsisIn this unique book, leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. Traditionally the central debates surrounding jurisprudence and legal theory are concerned with the elucidation of the particularities of state-law. This innovative book considers that this orthodox picture may no longer be tenable, given the increasing standardization of technologies, systems and information worldwide. Split across four thematic parts, this timely book provides a broad overview of the topic, followed by in depth analyses investigating the modifications to jurisprudence s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders. Chapters cover legal encounters with alterity in a post-monist mode, normative legal pluralism, relating law and power in a historical global context, cosmopolitan legitimacy and human rights and dignity in a corporate world. Jurisprudence in a Globalized World will be a key resource for students and scholars working in global transnational law, public international law and legal theory and philosophy. Contributors include: M. Del Mar, P. Eleftheriadis, J.L. Fabra-Zamora, K.W. Gray, M. Grellete, K. Günther, M. Jovanovic, C. Lafont, H. Lindahl, H. Muir Watt, G. Pavlakos, W. TwiningTrade Review'Erudite, careful and wide-ranging, the essays in Jurisprudence in a Globalized World refresh and extend the repertoires of globalized legal thought. Spurred on by the extraordinary generosity of William Twining's jurisprudence, the urgency of this book is shaped by a desire to find new methods and arguments adequate to the task of establishing legitimate forms of global ordering - not as a political and juridical apology but as mode of enquiry and experimentation. As a result, many components of the established scholarly domains of legal theory and comparative and private international law have been transformed. Collectively this book marks a major contribution to the tradition, time, and place of jurisprudence.' --Shaun McVeigh, The University of Melbourne, Australia'The globalization of law remains the biggest challenge for jurisprudence - our notion and understanding of law, law's unity, interactions between legal orders, global justice, and so on. Jorge Luis Fabra-Zamora has assembled a fabulous set of leading scholars from around the world to address these challenges. The result is a treasure box, which has something to offer for everyone interested in global jurisprudence. A delight!' --Ralf Michaels, Max Planck Institute for Comparative and International Private Law, Hamburg, GermanyTable of ContentsContents: Preface viii 1 Introduction 1 Jorge Luis Fabra-Zamora PART I SETTING THE SCENE 2 Jurisprudence and globalisation 14 William Twining PART II METHODOLOGICAL QUESTIONS 3 Legal encounters with alterity in post-monist mode 26 Horatia Muir Watt 4 “Global/transnational law” challenges to theorizing about law 54 Miodrag Jovanović 5 Normative legal pluralism: a critique 84 Klaus Günther 6 Global historical jurisprudence: relating law and power in a global context 100 Maksymilian Del Mar PART III CONCEPTS AND CONCEPTUAL TOOLS 7 Globalisation and the concept of legal order 128 Hans Lindahl 8 Reining in pluralist jurisprudence with the rule of law 155 Matthew Grellette 9 Redrawing the legal relation 174 George Pavlakos PART IV NORMATIVE ISSUES: LEGITIMACY AND DEMOCRACY 10 Cosmopolitan legitimacy 196 Pavlos Eleftheriadis 11 Global constitutionalism without global democracy? Human rights and human dignity in a corporate world 222 Cristina Lafont 12 Neither democratic nor constitutional but legitimate: fragmentation and the legitimation of international law 247 Kevin W. Gray Index 268
£105.00
Edward Elgar Publishing Ltd Research Handbook on International Taxation
Book SynopsisCapturing the core challenges faced by the international tax regime, this timely Research Handbook assesses the impacts of these challenges on a range of stakeholders, evaluating various paths to reform at a time when international tax policy is a topic high on politicians’ agendas. Expert international contributors present an array of perspectives and approaches to research in the field, but all consider the necessity of fundamental reforms. The Research Handbook offers a reappraisal of the foundations and core concepts of the international tax regime, highlighting the need to adjust nineteenth and twentieth century solutions to the challenges of the twenty-first century. Chapters look at the challenges of embracing globalization, the interdependence of world economics, the ensuing impossibility of truly unilateral international tax policy, and the need to accommodate the expanding cast of players on the political map. With a variety of paths to reform suggested throughout, this Research Handbook will prove an invigorating read for law scholars working on taxation law as well as practitioners and policy makers seeking ways to improve, or navigate, the current state of affairs with international tax law.Trade Review‘This is an excellent book which includes several thought-provoking analyses. Although the chapters are intended to provide the reader with an “initial reading” necessary for research on the topics, most of these chapters go much further than that. The book explores a wide variety of themes and is not restricted to corporate or tax treaty related ones as are many textbooks on international taxation. This is seen by the reviewer as a strength rather than a weakness—the Research Handbook on International Taxation helps to fill in a gap in the existing literature. Furthermore, the agenda for further research set out in many contributions is likely to prove very useful to those -- exploring and challenging the current state of affairs.’– Christiana HJI Panayi, British Tax Review‘On showcasing thoughtful researchers, the collection is a tour de force. Brauner is a brilliant curator. Chapters were contributed by scholars in the US, Spain, Canada, Israel, Germany, Brazil, Italy, the UK, Australia, Serbia, Austria, and Poland. The list is not quite half women, but it’s not far from it. And although most of the contributors are distinguished senior scholars – leaders in their fields – there are a few emerging voices that showcase the promise of the field. The world of international tax is exploding with new players and new ideas. The stakes are higher than ever. And so is the need for a Handbook. Especially one this good.’ -- Kim Brooks, JOTWELL‘This book constitutes an essential guide for everybody interested in understanding the current challenges the international tax system is facing. Written by leading scholars in the field, it concentrates on key issues in the international tax debate and provides for innovative and well-argued solutions to make the international tax system viable for the 21st century.’ -- Alexander Rust, Vienna University of Economics and Business, Austria‘The book addresses a wide range of important topics that are treated by knowledgeable authors. Anyone who does serious work in the field of international taxation will want to consult this volume.’ -- Cliff Fleming, Brigham Young University, USTable of ContentsContents: Introduction to Research Handbook on International Taxation Yariv Brauner xv PART I FUNDAMENTALS 1 Does customary international tax law exist? 002 Reuven S. Avi-Yonah 2 The origins of the international tax regime 013 Sunita Jogarajan 3 International tax organizations 029 Allison Christians 4 Tax discrimination 044 Elizabeth Adams, Michael Knoll, and Ruth Mason PART II DOCTRINAL BUILDING BLOCKS 5 Taxation of employment 065 Pasquale Pistone 6 Taxation of cross-border services 078 Andr.s B.ez Moreno 7 Transfer pricing 097 Aitor Navarro 8 Article 17 force of attraction 120 Karolina Tetłak PART III KEY DEBATES 9 Competition v. cooperation in international taxation 141 Tsilly Dagan 10 The arm’s length standard: justification, content, and alternative proposals 153 Luis Eduardo Schoueri and Ricardo Andr. Galendi J.nior 11 Can law regulate its own interpretation? Relevance and meaning of articles 31–33 of the vienna convention on the law of treaties (VCLT) and article 3 para. 2 of the model convention of the organisation for economic co-operation and development (OECD MC) for the interpretation of double taxation conventions 174 Michael Lang 12 International tax treaty dispute resolution, the mutual agreement procedure, and the promise of mandatory arbitration for developing countries 191 Yariv Brauner PART IV FEEDBACK SYSTEMS 13 The political science of global tax governance 218 Martin Hearson and Thomas Rixen 14 International taxation and international trade: common objectives, different paths, and inevitable clash 239 Monica Victor and Yariv Brauner 15 International taxation and environmental protection 258 Alice Pirlot 16 Research strategies in comparative taxation 278 Carlo Garbarino PART V THE FUTURE OF INTERNATIONAL TAXATION 17 Multilaterallism in international taxation: it is really the future? 317 Juan Zornoza P.rez 18 General thoughts on illicitly obtained information in tax matters 341 Hugo L.pez L.pez 19 International taxation and migrations 353 Svetislav V. Kostić 20 Taxation of robots 369 Joachim Englisch Index 385
£209.00
Edward Elgar Publishing Ltd Pluralising International Legal Scholarship: The
Book SynopsisThis unique book examines the role non-doctrinal research methods play in international legal research: what do they add to the traditional doctrinal analysis of law and what do they neglect? Focusing on empirical and socio-legal methods, it provides a critical evaluation of the breadth, scope and limits of the representation of international law created by these often-neglected methodologies. The book examines whether non-doctrinal methods promise certainty and objectivity. Chapters explore how adopting social research methods allows artificial landscapes of international law to be constructed, with the aim of aiding our understanding of its normative content. In doing so, the contributors place the normative content of international law into the realm of scientific investigation, providing a critical distance from its principled roots. This insightful book argues that any research methodology, whether doctrinal or non-doctrinal, involves a necessarily partial and incomplete vision of international law. Hence, the critical variation provided by non-doctrinal methods is a useful means for supplementing, rather than replacing, doctrinal analysis. Accessible and engaging, Pluralising International Legal Scholarship will be a key resource for international law scholars, especially those specializing in legal methods. The interdisciplinary nature of the study will also appeal to students and academics working in the fields of international relations, international organization and social research methodology. Contributors include: R. Deplano, M. Dordeska, E.A. Faulkner, G. Gentile, H. Lai, S. Landefeld, G.M. Lentner, L. Lonardo, A. Magaria, J. OstranskyTrade Review'This volume acts as an important and provocative invitation to international legal scholars to take non-doctrinal methods seriously. The various contributions, as diverse as they are, come together in a call for methodological self-reflexiveness, scientific rigour in empirical data collection and analysis, and to consider the real world impacts of international laws and institutions, as well as the social and cultural context in which such laws and institutions develop and evolve.' --Richard Collins, University College Dublin, Ireland'The stakes are high: different methods make different worlds. Still, Deplano and her contributors avoid the snares of a disciplinary turf war and practice a plurality of methods instead. That is the way to proceed.' --Ingo Venzke, University of Amsterdam, the NetherlandsTable of ContentsContents: INTRODUCTION Rossana Deplano 1. General Principles of Law Recognized by Civilized Nations: Method, Inductive-Empirical Analysis and (More) ‘Scientific’ Results Marija Đorđeska 2. The Evolution of Norms and Concepts in International Law: A Social Constructivist Approach Sarina Landefeld 3. A Case for Ethnography of International Investment Law Josef Ostřanský 4. Going beyond judgements: Exploring the Jurisprudence of the European Court of Human Rights Alice Margaria 5. The development of child trafficking within international law: a socio-legal and archival analysis Elizabeth A. Faulkner 6. Appeals in the field of EU sanctions before the European Court of Justice after Lisbon: A quantitative study Giulia Gentile and Luigi Lonardo 7. The Perils of Quantitative Research in International Law Gabriel M. Lentner 8. The Unfulfilled Promises of the Data-Driven Approach to International Economic Law Huaxia Lai CONCLUSIONS Rossana Deplano Index
£89.00
Edward Elgar Publishing Ltd History and International Law: An Intertwined
Book SynopsisThere is a deep and multifaceted relationship between international law and history - political events have legal implications, and international norms and institutions may influence the course of history. This incisive book unveils and illuminates this nexus, providing examples from a wide range of domains of global governance. Analysing this intertwined relationship with particular reference to international human rights, humanitarian and criminal law, this timely book features contributions from leading scholars and practitioners in international law, history and diplomacy. History and International Law, with a foreword by ICJ Judge Giorgio Gaja, covers topics ranging from the connections between current and historical events and human rights protection in the EU, to the ways in which ICC investigations and prosecutions continue to affect political developments in Africa. The authors offer examples of original analysis, establishing innovative paradigms of interdisciplinary research in the field. International lawyers and academics will find this book both useful and insightful. It will also prove valuable to scholars and students of the history of international law, diplomacy and international relations. Contributors include: O. Bekou, G. Ben-Nun, A. Ciampi, E. de Wet, S. Douglas-Scott, R.E. Fife, K. Ristic, S. Troebst Trade Review'This book, edited by Annalisa Ciampi, aptly recalls the centrality of historicization in international legal thought and practice. The chapters in this volume, each in its particular and refreshing way, simultaneously demonstrate the impossibility for international lawyers to refrain from an explicit engagement with history. A welcome publication.' --Jean d'Aspremont, Sciences Po Law School, France and University of Manchester, UKTable of ContentsContents: Forward Giorgio Gaja Part I History AND INTERNATIONAL LAW: an INTRODUCTION 1. Creative Forces and Institution Building in International Law Rolf Einar Fife 2. Eastern Europe’s Imprint on Modern International Law Stefan Troebst Part II History AND INTERNATIONAL HUMAN RIGHTS LAW 3. History, Isolation and Effectiveness of International Human Rights Law Annalisa Ciampi 4. EU Human Rights Law and History: A Tale of Three Narratives Sionaidh Douglas-Scott Part III History, International Humanitarian LAW AND INTERNATIONAL Criminal Law 5. ‘Treaty after Trauma’: ‘Protection for All’ in the Fourth Geneva Convention Gilad Ben-Nun 6. History and Core International Crimes: Friends or Foes? Olympia Bekou 7. ‘Imaginary Trials’: The Legacy of the ICTY in Croatia, Bosnia and Serbia Katarina Ristic 8. The Rise and Demise of the ICC Relationship with African States and the AU Erika de Wet, Gilad Ben-Nun, Olympia Bekou, Annalisa Ciampi, Sionaidh Douglas-Scott, Rolf Einar Fife, Katarina Ristic, Stefan Troebst, Erika de Wet Index
£94.00
Edward Elgar Publishing Ltd Rule of Law and Areas of Limited Statehood:
Book SynopsisThis thought-provoking book addresses the legal questions raised by the nexus between the rule of law and areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Working from an international law perspective, it examines the implications of limited statehood for the traditional State-based framing of the international legal order.Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein, both with and without the approval of the State. Contributors discuss the impact of contested sovereignty on the rule of law, international responsibility with regard to rebel governance in these areas, and the consequences of limited statehood for international peace and security.This book will be useful for students and scholars of international law and international relations, particularly those working on sovereignty and statehood, non-state actors, State responsibility, and the rule of law. It will also appeal to practitioners and policy-makers working in these same fields in either State or global governance apparatus.Trade Review’International law presumes a set of territorially-defined sovereign states, but in many parts of the world, state control of territory is more fiction than fact. This path-breaking volume considers a whole host of questions about governance in places where the state’s writ does not run. International law will need fresh thinking if it is ever to affect the behavior of the rebels, gangs and unrecognized governments who actually govern beyond the state, and there is no better place to start than this book.’ -- - Tom Ginsburg, University of Chicago, USTable of ContentsContents: PART I INTRODUCTION 1 Rule of law and areas of limited statehood: introduction and perspective 2 Linda Hamid and Jan Wouters 2 Thinking about areas of limited statehood and the rule of law 23 Amichai Magen and Zachariah Parcels PART II CONTESTED SOVEREIGNTY IN AREAS OF LIMITED STATEHOOD AND THE INTERNATIONAL RULE OF LAW 3 De facto regimes in areas of limited statehood and the international rule of law 47 Linda Hamid and Jan Wouters 4 Lessons from the (un)rule of law in Crimea 73 Olga Burlyuk 5 Limited statehood and the rule of law: East Jerusalem’s education system as a case study 96 Yaël Ronen PART III REBEL GOVERNANCE IN AREAS OF LIMITED STATEHOOD AND INTERNATIONAL RESPONSIBILITY 6 Rebel justice? Rule of law and law enforcement by non-state armed groups 119 Benedetta Berti 7 Rebel governors in areas of limited statehood: State responsibility and ‘agents of necessity’ 137 Tatyana Eatwell 8 Responsibility of non-state rulers in areas of limited statehood 162 Nicholas Tsagourias PART IV AREAS OF LIMITED STATEHOOD AND THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY 9 Extraterritorial law enforcement in areas of limited statehood: the transnational dimension of the rule of law 184 Pia Hesse 10 Towards a rule of law-based global strategy for countering international terrorism in areas of limited statehood 206 Jessica Almqvist 11 Atrocity prevention in areas of limited statehood: legal and political dilemmas 233 Kenneth Chan Index 260
£100.00
Edward Elgar Advanced Introduction to Cultural Heritage Law
Book Synopsis
£98.67
Edward Elgar Publishing Advanced Introduction to Cultural Heritage Law
Book Synopsis
£21.00
Edward Elgar Publishing Ltd State Sponsored Cyber Surveillance: The Right to
Book SynopsisThis insightful book focuses on the application of mass surveillance, its impact upon existing international human rights and the challenges posed by mass surveillance. Through the judicious use of case studies State Sponsored Cyber Surveillance argues for the need to balance security requirements with the protection of fundamental rights.The author makes a case for the adoption of a multilateral cyber surveillance treaty, together with a review of whether online privacy has yet become a rule of customary international law. Chapters provide a comprehensive and up-to-date account of the right to privacy of communications under the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the American Convention on Human Rights, as well as guiding the reader through the taxonomy of cyber intelligence operations. Eliza Watt also offers insightful studies of the differences between cyber espionage, cyber electoral interference and mass cyber surveillance.This innovative, thought-provoking book will greatly assist legal practitioners, policymakers and government advisers within the fields of international law and privacy. Students and academics will also be provided with a focussed account and in-depth analysis of recent developments in the law around cyber.Trade Review'Dr Watt's monograph provides a timely and much-needed assessment of the role of international human rights law in regulating State-sponsored digital surveillance. In doing so, it offers a thorough, thoughtful and at times provocative analysis of whether and to what extent this legal framework can reconcile the competing interests of privacy and security in the Digital Age.' -- Russell Buchan, University of Sheffield, UK'With State Sponsored Cyber Surveillance, Eliza Watt, distinguished scholar, international law expert, and civil liberties visionary examines the considerable challenge facing the world's democracies--properly balancing the global race to enhanced cyber espionage and cyber surveillance against preserving the rule of law and fundamental freedoms. Dr. Watt illuminates a path to protect privacy, and therefore human dignity and autonomy, against increasingly powerful mass surveillance. This book is a must read for anyone committed to maintaining an international order that protects human rights, and who believes that technology of immense power can be harnessed to support rather than undermine democracy. It is both useful and inspiring, an essential resource for students and strategic leaders alike.' -- Harry Wingo, National Defense University, Washington D.C., US'In a world of ubiquitous surveillance, Eliza Watt's book could not be more timely. Meticulously researched and eloquently written, Eliza Watt offers a compelling examination of whether existing international human rights law is adequately equipped to meet the challenges of the age of cyber surveillance. Revealing a fragmented landscape of disparate standards, Watt dares to imagine how law could do better, whilst cautioning that the process of limiting mass cyber surveillance is likely to be incremental at best. A landmark in the field, this book is required reading for anyone with even a passing interest in the relationship between international human rights law and the surveillance practices of the cyber era.' -- Barrie Sander, Leiden University, The NetherlandsTable of ContentsContents: 1. Introduction: the surveillance, security and privacy paradox 2. Cyber espionage, cyber surveillance, foreign electoral interference and international law 3. The right to online privacy as a customary international law rule 4. The principle of non-discrimination and the extraterritorial application of human rights treaties 5. Treaty-based privacy protection – interference 6. Treaty-based privacy protection – justifications 7. International law and the future of mass surveillance 8. Conclusion Index
£120.00
Edward Elgar Publishing Ltd Military Justice: The Rights and Duties of
Book SynopsisWhile military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.By exploring the relationship between the military and society, Nigel White develops a nuanced rationale for military justice. Making the case for both the continuation of military justice and key reforms, he analyses the military’s place in society and recognises the wider influences of justice and law upon it. Throughout the book, military justice is framed broadly to cover all relevant laws including service law, constitutional law, the law of armed conflict, international human rights law and international criminal law. This discussion is supported with analysis of a range of jurisprudence from domestic and international courts. The book considers the legal problems that arise in different military contexts, as well as positioning military justice as a balance between the rights and duties of government and those of soldiers.Tackling an important and timely topic, Military Justice will be key reading for academics, researchers and students within the fields of human rights, public international law, conflict and security law, and especially those with an interest in service law, military history and war studies. It will also be a useful reference point for practitioners working within relevant prosecuting authorities and within law firms offering legal advice to soldiers.Trade Review‘This detailed and comprehensive analysis of military justice is a brilliant addition to the lexicon of academic commentary on military justice. It provides a forensic examination of the relationship between soldier and state, and does not duck the difficult issues of dealing with “villains” who are perceived as “heroes” by politicians and the general public. It provides historical context while adding to the ongoing debate about the relevance of a separate system of justice in the modern era.’ -- Jeff Blackett, Judge Advocate General of HM Armed Forces 2004-2020‘This excellent book provides a concise and deeply nuanced assessment of an operationally vital, politically charged, and intensely contextual field of legal inquiry. Encompassing national and international law, and recognising the practical impact of military capability upon our interpretation and application of this law, Nigel White once again shows us why he is the leading scholar in this field, and a worthy successor to Peter Rowe and Hilaire McCoubrey as its flagbearer.’ -- Robert McLaughlin, Australian National University, Australia‘The domestic and international legal frameworks that govern the deployment of the United Kingdom’s armed forces and the rights of its members are complex and contested. Adopting an expansive approach to the meaning of military justice, in this book Professor White takes the reader on a journey from the drafting of the Magna Carta to military operations in Afghanistan and Iraq. In the process, he unravels the relationship between the soldier and the state, and provides an engaging and thoughtful analysis of the law that regulates the actions of the armed forces at home and abroad.’ -- Alison Duxbury, University of Melbourne, AustraliaTable of ContentsContents: Preface Introduction to Military Justice 1. Framing military justice 2. Constitutional laws and the armed forces 3. Emergency powers and internal deployments 4. Prerogative powers and external deployments 5. The use of lethal force 6. Detention and abuse 7. The court martial 8. Rights and protections of soldiers 9. The scales of military justice Index
£132.29
Edward Elgar Publishing Ltd Research Handbook on International Law and
Book SynopsisThis revised and expanded edition of the Research Handbook on International Law and Cyberspace brings together leading scholars and practitioners to examine how international legal rules, concepts and principles apply to cyberspace and the activities occurring within it. In doing so, contributors highlight the difficulties in applying international law to cyberspace, assess the regulatory efficacy of these rules and, where necessary, suggest adjustments and revisions.More specifically, contributors explore the application of general concepts and principles to cyberspace such as those of sovereignty, power, norms, non-intervention, jurisdiction, State responsibility, human rights, individual criminal responsibility and international investment law and arbitration. Contributors also examine how international law applies to cyber terrorism, cyber espionage, cyber crime, cyber attacks and cyber war as well as the meaning of cyber operations, cyber deterrence and the ethics of cyber operations. In addition, contributors consider how international and regional institutions such as the United Nations, the European Union, NATO and Asia-Pacific institutions and States such as China and Russia approach cyber security and regulation.This Research Handbook is an essential resource for scholars of international law, international relations and public and private law as well as for legal practitioners and policymakers.Trade Review‘Tsagourias and Buchan have successfully brought together some of the world's best legal thinkers on cyber issues to address the domain's most difficult current questions. For anyone looking to understand the application of international law to cyber operations, including the views of major actors such as China, and Russia, this second edition of the Research Handbook provides an incredibly useful one-stop source. A true must-read for anyone involved in cyber operations.’ -- Eric Talbot Jensen, Brigham Young University, US‘With cyber security rising to the top of nation States’ national security concerns, understanding the legal “rules of the road” for cyberspace has never been a higher priority. This second edition of the Research Handbook on International Law and Cyberspace rises to meet that occasion. Expertly edited, the Research Handbook offers reflections by leading experts on the state of the law as well as a candid look at its potential gaps and outstanding disputes. From its survey of relevant rules for uses of force and armed conflicts to new topics like investment law, peacekeeping, and cyber norms, this book provides the most comprehensive and current overview of the field today.’ -- Duncan B. Hollis, Temple University School of Law, USTable of ContentsContents: Preface xiv Introduction to the Research Handbook on International Law and Cyberspace 1 Michael N. Schmitt PART I CYBERSPACE AND GENERAL PRINCIPLES OF INTERNATIONAL LAW 1 The legal status of cyberspace: sovereignty redux? 9 Nicholas Tsagourias 2 The rise of cyber norms 32 Marja Lehto 3 Mapping power in cyberspace 46 Outi Korhonen and Ekaterina Markovich 4 Jurisdiction in network society 69 Uta Kohl 5 The international law of cyber intervention 97 Ido Kilovaty 6 State responsibility in cyberspace 113 Constantine Antonopoulos 7 Cyberspace and human rights 130 David P. Fidler 8 International criminal responsibility in cyberspace 152 Kai Ambos 9 International investment law and arbitration in cyberspace 181 Eric De Brabandere PART II CYBER TREATS AND INTERNATIONAL LAW 10 Cyber terrorism and use of the internet for terrorist purposes 204 Ben Saul and Kathleen Heath 11 Cyber espionage and international law 230 Russell Buchan and Iñaki Navarrete 12 International legal dimensions of cybercrime 252 Philipp Kastner and Frédéric Mégret PART III CYBER ATTACKS AND THE JUS AD BELLUM 13 The notion of cyber operations 271 Paul A. L. Ducheine and Peter B. M. J. Pijpers 14 Cyber operations as a use of force 296 Marco Roscini 15 Self-defence in cyberspace 316 Carlo Focarelli 16 Cyber-peacekeeping and international law 344 Nicholas Tsagourias and Giacomo Biggio 17 Some thoughts on cyber deterrence and public international law 365 Eric Myjer PART IV CYBER WAR AND THE JUS IN BELLO 18 Distinctive ethical challenges of cyberweapons 387 Neil C Rowe 19 Classifying cyber warfare 405 Louise Arimatsu 20 Is the principle of distinction still relevant in cyberwarfare? From doctrinal discourse to States’ practice 426 Karine Bannelier 21 International humanitarian law applied to cyber-warfare: precautions, proportionality and the notion of ‘attack’ under the humanitarian law of armed conflict 456 Terry D. Gill 22 Cyber war and the law of neutrality 470 David Turns PART V REGIONAL AND INTERNATIONAL APPROACHES TO CYBER SECURITY 23 European law and cyberspace 490 Ramses A. Wessel 24 NATO and the international law of cyber defence 508 Steven Hill 25 Russian approaches to international law and cyberspace 524 Sergey Sayapin 26 Chinese approaches to cyberspace governance and international law in cyberspace 546 Zhixiong Huang and Yaohui Ying 27 Cyber security in the Asia-Pacific 563 Hitoshi Nasu 28 The United Nations and the regulation of cyber-security 581 Christian Henderson Index
£268.00
Edward Elgar Publishing Ltd Advanced Introduction to Global Sports Law
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Stephen F. Ross presents this succinct introduction to key topics of law specific to sports, comparing approaches to sports law across the globe, with particular focus on the United States, Europe, and common law jurisdictions. Contrasting the profit-maximizing approach of North American leagues with the global integrated approach of professional sports governed by national and international governing boards, the book offers a novel model for the latter.Key features include: an exploration of how law facilitates or impairs revenue generation through contract, intellectual property, and other doctrines an insight into remedies for player contract breaches examination of the widespread use of arbitration in the resolution of sports law disputes analysis of competition law and human rights law as the principal external legal constraints on sporting entities. This Advanced Introduction will be a useful resource for scholars and advanced students of sports law. It will also be beneficial for sports lawyers and practitioners, as well as those in the fields of global and transnational law.Trade Review‘Global Sports Law makes a good introduction to comparative sports law and to the variety of legal issues players, teams, and leagues (or NGBs) face.’ -- Jason S Zarin, International Journal of Legal Information‘In his thriving effort to summarize complex issues and make them effortlessly intelligible to the young under-graduate as well as the layman, Professor Ross shows a rare talent of a juridical storyteller gratifying his readers with the clear and simple description of the current global sports law great questions.’ -- Durante Rapacciuolo, Rivista di diritto ed Economia dello Sport‘For anyone looking to better their understanding of the role of law in sport, it is perfect.’ -- Mark Worsnop, Law Institute Journal'This text fills a yawning gap in the literature. Hitherto sports law books have dealt with one jurisdiction, scarcely acknowledging the alternative approaches adopted by other legal systems. Professor Ross, whose distinguished career has been marked by a commitment to comparative legal analysis, is the ideal person to review the terrain and point out the landmarks. This book will be of immense value to anyone who wants to understand how the law can interact with sports and sports organizations, not just by imagining abstract counterfactuals, but using concrete examples of alternative juridical interpretations.' -- - Stefan Szymanski, University of Michigan, US'Steve Ross is able to take the swirling vortex of sports law from around the world and corral it into a comprehensible and relatable form. Those lawyers working in sports should dig into this book if only to learn some valuable analogies that can shape one's own practice.' -- - Robert Hacker, President, Sports Lawyers Association'Sport is typically fast-moving, vivid and colourful. Governance in sport is by contrast typically conservative and resistant to change. In this book Steve Ross, one of the world's foremost sports law scholars, explains the disruptive potential of the law in generating innovation. His insights, underpinned by astute comparative expertise, are normatively ambitious and reveal the sensitivities raised by the interplay of sport's economic and non-economic dimensions.' -- - Stephen Weatherill, University of Oxford, UKTable of ContentsContents: Preface: What is global sports law? 1. Basic models of sports governance 2. The proper mission for national governing boards 3. Intellectual property, contract, and other legal issues in developing revenue for commercial sport 4. Achieving and preserving sporting integrity 5. Competition law 6. Sports and human rights 7. Arbitrating sports disputes Index
£89.00
Edward Elgar Publishing Ltd Advanced Introduction to Global Sports Law
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Stephen F. Ross presents this succinct introduction to key topics of law specific to sports, comparing approaches to sports law across the globe, with particular focus on the United States, Europe, and common law jurisdictions. Contrasting the profit-maximizing approach of North American leagues with the global integrated approach of professional sports governed by national and international governing boards, the book offers a novel model for the latter.Key features include: an exploration of how law facilitates or impairs revenue generation through contract, intellectual property, and other doctrines an insight into remedies for player contract breaches examination of the widespread use of arbitration in the resolution of sports law disputes analysis of competition law and human rights law as the principal external legal constraints on sporting entities. This Advanced Introduction will be a useful resource for scholars and advanced students of sports law. It will also be beneficial for sports lawyers and practitioners, as well as those in the fields of global and transnational law.Trade Review‘Global Sports Law makes a good introduction to comparative sports law and to the variety of legal issues players, teams, and leagues (or NGBs) face.’ -- Jason S Zarin, International Journal of Legal Information‘In his thriving effort to summarize complex issues and make them effortlessly intelligible to the young under-graduate as well as the layman, Professor Ross shows a rare talent of a juridical storyteller gratifying his readers with the clear and simple description of the current global sports law great questions.’ -- Durante Rapacciuolo, Rivista di diritto ed Economia dello Sport‘For anyone looking to better their understanding of the role of law in sport, it is perfect.’ -- Mark Worsnop, Law Institute Journal'This text fills a yawning gap in the literature. Hitherto sports law books have dealt with one jurisdiction, scarcely acknowledging the alternative approaches adopted by other legal systems. Professor Ross, whose distinguished career has been marked by a commitment to comparative legal analysis, is the ideal person to review the terrain and point out the landmarks. This book will be of immense value to anyone who wants to understand how the law can interact with sports and sports organizations, not just by imagining abstract counterfactuals, but using concrete examples of alternative juridical interpretations.' -- - Stefan Szymanski, University of Michigan, US'Steve Ross is able to take the swirling vortex of sports law from around the world and corral it into a comprehensible and relatable form. Those lawyers working in sports should dig into this book if only to learn some valuable analogies that can shape one's own practice.' -- - Robert Hacker, President, Sports Lawyers Association'Sport is typically fast-moving, vivid and colourful. Governance in sport is by contrast typically conservative and resistant to change. In this book Steve Ross, one of the world's foremost sports law scholars, explains the disruptive potential of the law in generating innovation. His insights, underpinned by astute comparative expertise, are normatively ambitious and reveal the sensitivities raised by the interplay of sport's economic and non-economic dimensions.' -- - Stephen Weatherill, University of Oxford, UKTable of ContentsContents: Preface: What is global sports law? 1. Basic models of sports governance 2. The proper mission for national governing boards 3. Intellectual property, contract, and other legal issues in developing revenue for commercial sport 4. Achieving and preserving sporting integrity 5. Competition law 6. Sports and human rights 7. Arbitrating sports disputes Index
£21.00
Edward Elgar Publishing Ltd The International Rule of Law: Scope, Subjects,
Book SynopsisThis insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.The book draws on the tradition of analytical jurisprudence to explore the possibility and desirability of the international rule of law. Encompassing both international and domestic legal orders, the book advocates for a shift in the way the international rule of law is theorized, endorsing an approach that understands it as beneficial to individuals and as closely related to the domestic rule of law.This will be an invigorating read for legal scholars who deal with the international rule of law, whether at the level of positive law or legal theory. Representatives of international institutions, non-governmental organizations and policy-makers interested in the policy debate on the development and the strengthening of the international rule of law may also find this a useful book.Trade Review'Virtually everyone seems to agree that the rule of law is a good thing, but there is enormous variation in what it means domestically and, in particular, what it might mean internationally. In this important book Denise Wohlwend takes seriously the idea of an international rule of law that is more than just an extension of its domestic counterpart operating to the benefit of states. On the contrary, she argues, it should complement rather than compete with the political and legal aspirations of protecting individuals from unregulated power.' -- Simon Chesterman, National University of SingaporeTable of ContentsContents: 1. Introduction to The International Rule of Law 2. The rule of law 3. The rule of law in question 4. The emergence of the rule of law in international law and practice 5. Setting the stage for the international rule of law 6. The scope of the international rule of law 7. The subjects of the international rule of law 8. The generality of international law 9. The publicity of international law 10. The non-conflictingness and non-contradictoriness of international law 11. Conclusion to The International Rule of Law Index
£109.00
Edward Elgar Publishing Ltd Conceptual (Re)Constructions of International Law
Book SynopsisThis timely book considers the ways in which international law, unlike domestic law, does not make itself known in a formalized, hierarchical structure, but needs to be conceptually (re)constructed by the participants and observers, out of a variety of practices and other elements. It explores such constructions, as well as how these images can be deconstructed and reconstructed.Bringing together contributions from expert scholars from a range of disciplines, from philosophy to international law scholars and practitioners, this book contrasts constructive, deconstructive and reconstructive perspectives of international law. Discussions on the topics are encouraged by eliciting responses from contributors on each other’s work. Throughout the book, chapters provide complementary views of key international legal concepts such as custom, legal interpretation, authority and sovereignty.Providing a framework that gives room to different disciplines, Conceptual (Re)Constructions of International Law will be a key resource for practitioners as well as scholars in the fields of legal philosophy, (international) legal theory and public international law.Trade Review‘This volume offers a deep dive into some of the most interesting questions at the intersection of philosophy and international law. It is brimming with thought-provoking insights and presented in a conversational style that opens, rather than forecloses, the conversation.’ -- Monica Hakimi, University of Michigan Law School, USTable of ContentsContents: Introduction 1 Kostiantyn Gorobets, Andreas Hadjigeorgiou and Pauline Westerman PART I CONSTRUCTING INTERNATIONAL LAW 1 The interaction of doctrine and theory in (international) legal scholarship 9 Jörg Kammerhofer 2 Legal scholarship as design: A comment on Kammerhofer 27 Pauline Westerman 3 The Oxford Jurisprudence Circle: A lost legacy on customary (international) law 32 Andreas Hadjigeorgiou 4 The Oxford Jurisprudence Circle’s lost legacy: Transformational discovery or historical curiosity? Reply to Andreas Hadjigeorgiou 51 David Lefkowitz 5 Fragile, nascent, and in critical condition: Dworkin on international law 55 David Lefkowitz 6 Hercules goes abroad: Lefkowitz and Dworkin on the liberal foundations of international law 74 Aaron Fichtelberg PART II DECONSTRUCTING INTERNATIONAL LAW 7 From decay to renewal in international law: Is a philosophy of international law possible? 80 Anthony Carty 8 Are states entities that exist prior to and outside (customary) international law? A reply to Prof. Carty 98 Andreas Hadjigeorgiou 9 Appraisal of diversity in international law: A note on self-serving biases and interdisciplinarity 105 Maiko Meguro 10 On international law on language: observations from constructivism: A reply to Maiko Meguro 123 Tamar Megiddo 11 Opinio juris: test, filter, ideal or map? 127 Pauline Westerman 12 The myth of ‘identification’: Customary international law and international courts 145 Maiko Meguro PART III RECONSTRUCTING INTERNATIONAL LAW 13 Rootless sovereignty: Methods and foundations in international law 151 Aaron Fichtelberg 14 What should be the intellectual tasks of international lawyers in abnormal times? A reply to Aaron Fichtelberg 166 Anthony Carty 15 Peaks and valleys: Contemplating the authority of international law 171 Kostiantyn Gorobets 16 Wherefore ‘authority’? International law and the contest of legal cultures 188 Jörg Kammerhofer 17 International law as a ground for action 192 Tamar Megiddo 18 The individual and its fidelity to international law: a kaleidoscope – Reply to Tamar Megiddo 210 Panos Merkouris 19 The ‘correct interpretation’ premise in international adjudication 215 Panos Merkouris 20 Chasing the ‘correct interpretation’: Reply to Panos Merkouris 234 Kostiantyn Gorobets Index
£109.00
Edward Elgar Research Handbook on International Law and
Book Synopsis
£210.00
Edward Elgar Publishing Ltd International Arms Control Law and the Prevention
Book SynopsisMaking a timely contribution to the legal literature, this important book discusses an under-analysed issue of great importance to international peace and security. It provides a comprehensive overview and analysis of the prevention of nuclear terrorism specifically through an international (arms control) law lens.Jonathan Herbach sets out a basis for better understanding how the international legal framework for nuclear security is structured and why it is structured that way, and offers a critical analysis of the component instruments that make up the framework. He highlights the strengths and analyzes possible gaps and weaknesses of these instruments and the legal framework as a whole, as well as explaining the framework’s key characteristics, approaches and rationale. As nuclear security is by no means a static topic, with changing circumstances a defining feature of the area, the book also offers ideas for the path forward and conceptualizes ways to further strengthen the nuclear security legal framework.Offering a fresh perspective on the prevention of nuclear terrorism, this book will benefit academics and students of public international law, counter-terrorism and conflict and security law. It will also be a useful resource for governmental legal advisors, think-tanks and diplomats to inform their work on means and mechanisms to help strengthen the global nuclear security regime and to provide guidance for decision-making.Trade Review‘With the prospect of a possible tactical nuclear attack by Russia if it loses in the Ukraine war a real possibility, the subject of nuclear terrorism is once again at the top of governments’ national security concerns, especially if Russia were to utilise a terrorist group proxy to carry out such an attack. This important book provides a comprehensive examination of how nuclear terrorism can be prevented through various measures, including an international arms control regime (ACR). The author explains how an ACR is structured, its key characteristics, its strengths, weaknesses, and gaps, and future directions for strengthening it.’ -- Joshua Sinai, Perspectives on Terrorism Journal‘Jonathan Herbach has written a masterly account of the place of nuclear security, particularly prevention of nuclear terrorism, in the broader context of nuclear arms control. While focused on international law aspects, this book is invaluable reading for policymakers, diplomats, officials and others interested in nuclear security. It is an essential introduction for newcomers to this subject, and an insightful reference work for experts.’ -- John Carlson, Non-Resident Senior Fellow, Vienna Center for Disarmament and Non-Proliferation and Australian Sherpa to the 2010 Nuclear Security SummitTable of ContentsContents: 1. Arms control law approach to countering nuclear terrorism 2. Developing the law of nuclear security: from Atoms for Peace to the Nuclear Security Summits 3. The main legally binding instruments applicable to nuclear security 4. Nuclear security at the crossroads of arms control and criminal justice 5. Normative soft law instruments in the nuclear security law framework 6. The role of international organizations in nuclear security 7. The way forward: strengthening the international legal framework for nuclear security Bibliography Index
£99.00
Edward Elgar Publishing Ltd Legal Fictions in International Law
Book SynopsisThis innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination.The book considers the implications of the phenomenon, showing that while some international legal fictions are problematic, others can assist the application of international law through maintaining a coherent, stable and peaceful international legal order. The author identifies and critically analyses a host of international legal fictions and explores, in detail, the factors that determine their effectiveness. Chapters answer key questions such as: what is a legal fiction?, How do they exist in international law?, Should international law use legal fictions? and many more. Shedding light on a subject that is of contemporary relevance and importance, Legal Fictions in International Law will be an informative read for academics, researchers and students in international law, legal theory and public policy.Trade Review‘The topic of legal fictions is making a much-deserved comeback, following Jeremy Bentham’s scornful critique of them in English common law. In this cautiously enthusiastic defence, Reece Lewis identifies, taxonomises and evaluates the presence of fictions in international law. The result is a treat for international lawyers and legal theorists alike.’ -- Maksymilian Del Mar, Queen Mary University of London, UKTable of ContentsContents: 1. Introduction: examining international legal fictions 2. Legal fictions 3. International legal fictions 4. The evaluation of international legal fictions 5. Effective elements of international legal fictions 6. Detrimental elements of international legal fictions 7. Implications and reflection 8. Conclusion Bibliography Index
£87.00
Edward Elgar Publishing Ltd The Role of Cities in International Relations:
Book SynopsisConcerns about the position and function of nation-states in the international arena have led to a growing interest in the role of cities in international relations. This timely book advances the argument that cities are becoming active and informal actors in international law-making, indicating the emergence of a ‘third generation’ of multi-level governance. Expansive in scope, the book investigates various areas of city cooperation such as the economy, migration, security, sustainable development, ecology, and the position of cities in international law. Interviews conducted with the official representatives of several cities and international institutions, including UN-Habitat, the EU Committee of the Regions, and the Congress for Local and Regional Authorities of the Council of Europe, offer key insights into the most pressing urban issues of the 21st century. Examining the latest information on the international activities of cities, this engaging book explores the possibility that cities may soon reach the level of international subjects, capable of both implementing and creating international law. Contributing to the under-represented literature on the evolving function of cities in the modern world, this prescient book will be of interest to academics and students of urban studies, international relations, political science, and international law. City authorities dealing with international cooperation will benefit from its consideration of further development opportunities.Trade Review‘Cities have increasingly captured the imagination of international scholars and practitioners. This “rise” to fame is much talked about, but the international legal practicalities often remain overlooked and in need of tangible insights. Taking us on a much welcome empirical tour between security, climate, innovation, and migration, The Role of Cities in International Relations does just that for European cities, with a timely intervention rooted in clear research material – a useful read for lawyers and legal, as much as IR, scholars alike!’ -- Michele Acuto, University of Melbourne, Australia‘Built on substantial empirical enquiry, the book represents a systematic attempt to develop a theoretical framework for understanding the role of cities in international relations, illustrated in multiple policy domains and from various disciplinary angles. It fills an important gap in the literature.’ -- Alistair Cole, Hong Kong Baptist University, Hong KongTable of ContentsContents: 1. Introduction to The Role of Cities in International Relations 2. The position of cities in international relations and international law 3. Bilateral and multilateral diplomacy between cities and its impact 4. European cities and migration policy 5. European cities: sustainable development and environmental challenges 6. European cities and security 7. European ‘sharing cities’: new solutions for local economies and transport 8. Conclusion to The Role of Cities in International Relations Appendix: list of interviews/written answers (in chronological order) Index
£94.00
Edward Elgar Publishing Ltd Research Handbook on Extraterritoriality in
Book SynopsisBy engaging with ongoing discussions surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance.Authored by central voices in the global extraterritoriality debate, the Research Handbook on Extraterritoriality in International Law offers legal, interdisciplinary and regional perspectives on this evolving field. It covers a variety of issues, such as the economics of extraterritorial crime, judicial extraterritoriality, and extraterritorial human rights obligations.This comprehensive Research Handbook will be a valuable research resource for scholars and students of international law and politics, as well as international and domestically oriented legal practitioners who seek to grasp the difficult legal questions surrounding extraterritoriality.Trade Review‘A timely and comprehensive examination of one of the classical topics – really a set of different but related topics – in international law.’ -- Marko Milanovic, University of Reading School of Law, UK‘Extraterritoriality in international law is elusive – found in a multitude of discrete practices in different areas, with no clear overarching frame and little sustained, cross-cutting analysis. This Research Handbook takes us a major step further in understanding the phenomenon. Wide-ranging both in terms of geography and issue areas, it is a treasure trove for anyone interested in the practices of extraterritoriality – and in questions about jurisdiction in international law more generally.’ -- Nico Krisch, Geneva Graduate Institute, Switzerland‘This volume’s contributors have brought a wealth of expertise and a wide range of disciplinary and regional perspectives to bear in illuminating the complex dynamics of extraterritoriality. The book will be a tremendous resource for anyone interested in the theory and practice of extraterritoriality.’ -- Hannah Buxbaum, Indiana University, USTable of ContentsContents: Introduction to the Research Handbook on Extraterritoriality in International Law 1 Cedric Ryngaert and Austen Parrish PART I FOUNDATION AND CONCEPTS 1 International jurisdiction law 13 Cedric Ryngaert 2 Extraterritorial jurisdiction and the limits of customary international law 31 Omri Sender and Michael Wood 3 Sovereignty, self-determination, and the duty to cooperate: public international law’s limits on unilateral extraterritorial regulation of non-citizens 46 Austen Parrish 4 Political science and extraterritoriality 58 Tonya L. Putnam 5 Extraterritoriality, economics and crime 77 Branislav Hock 6 Law’s new cartographies: spatialization, digital borders and spaces of vulnerability 93 Peer Zumbansen PART II REGIONAL PERSPECTIVES 7 The European Union experience of extraterritoriality: when a (willing) victim has become a (soft) perpetrator 119 Régis Bismuth 8 The United States experience with extraterritoriality 134 Cassandra Burke Robertson 9 Extraterritoriality in the Commonwealth: case studies from Australia, New Zealand and the United Kingdom 147 Danielle Ireland-Piper 10 Asian experience with extraterritoriality 165 Mari Takeuchi 11 Strategic approaches to extraterritorial jurisdiction in Latin America 181 Alejandro Chehtman 12 Extraterritoriality and Africa: in search of justice 196 Magnus Killander PART III EXTRATERRITORIALITY IN PRACTICE 13 Extraterritoriality of statutes and regulations 212 William S. Dodge 14 Judicial extraterritoriality 224 Yanbai Andrea Wang 15 The expansion of treaty-based extraterritorial criminal jurisdiction 237 Matthew Garrod 16 Extraterritoriality in international human rights law: back to the jurisdictional drawing board 270 Samantha Besson 17 Extraterritorial rights of refugees 293 Chimène I. Keitner 18 Criminal law extraterritoriality 311 Anthony J. Colangelo 19 Extraterritoriality: intellectual property 327 Timothy Holbrook 20 The prohibition on extraterritorial enforcement jurisdiction in the datasphere 340 Asaf Lubin 21 Data and extraterritoriality 357 Christopher Kuner 22 The extraterritorial reach of environmental law: legitimacy concerns and the role of domestic courts in controlling transnational regulatory power 373 Ioanna Hadjiyianni 23 Extraterritoriality in competition law: changing frictions 390 Marek Martyniszyn 24 Extraterritoriality in financial law 414 Matthias Lehmann 25 Extraterritoriality in the global governance of corruption: legal and political perspectives 432 Ellen Gutterman 26 Secondary sanctions 445 Christian Tietje and Cristina Lloyd 27 Global speech regulation: extraterritoriality in the context of internet content blocking, removal, de-listing, and must carry orders 459 Dan J.B. Svantesson 28 Extraterritoriality and corporate climate responsibility 477 Sara L. Seck Index
£220.00
Edward Elgar Publishing Ltd Research Handbook on International Refugee Law
Book SynopsisIn recent years the UNCHR has expressed increasing concern at how war, violence and persecution have resulted in an age of unprecedented mass displacement. The global financial crisis, the rise of populist leaders, and the growth of anti-EU parties, raises the need to interrogate the 'refugee', 'migrant', 'citizen', 'stateless', 'legal', and 'illegal' as concepts. This Research Handbook maintains that refugees need to be seen as core indicators of the failure of national, international, economic, and political governance, and provides critical analyses of the legal ordering of refugees, and gives a glimpse at what the future of refugee law could - and should - look like. Bringing together experts in the field, the innovative and groundbreaking chapters provide a critical perspective on the legal landscape for refugees at a time when the politics and legitimacy of transnational regulatory governance are in question as never before. In an age of growing ethnic nationalism and anti-immigrant rhetoric, the contributing authors examine key issues surrounding refugees and migration, and build a new outlook on social justice, as the post-war international order ends. With its informative analysis and moving accounts, this Research Handbook will be a critical tool for students of law, especially those with an interest in human rights and migration. Its insights will also be valuable for policy practitioners and policymakers. Contributors include: S. Barichello, M. Bolhuis, E. Bruce-Jones, E. Darling, M. Giuffre, C. Higgins, Y. Holiday, N. Honkala, M. Ineli-Cigar, S. Juss, T. Khan, J. Lehman, P. Mathew, J. Mitchell, R. Moffatt, V. Moreno-Lax, B. Ni Gharainne, K. Ogg, J. Rikhoff, J. Schultz, M. Scott, J. Simeon, S. Singer, V. Stoyanova, N.F. Tan, S. Taylor, J. Wessels, J. Wijk, T. WoodTrade Review'...he has also brought into the Handbook new issues and debates that have arisen in the context of the changing politics around refugees. The book brings to the forefront the clear uncertainty surrounding many of the issues. I found the book compelling and engaging... the topics examined in the Handbook are interesting,and the Handbook is a useful reference tool or introduction to specific topics, issues and debates. The book will benefit academic researchers, postgraduate students, government officials, practising lawyers and lawyers who work in policy. I would recommend this book as a useful guide for the ongoing process of challenging and rethinking refugee law as a whole.' -- Nandi Rayner, South African Law JournalTable of ContentsContents: Preface Part I Refugees, Displaced Persons & the rise of Temporary Protection 1. At the Crossroads: The 1951 Convention Today Julian Lehman 2. The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa Tamara Wood 3. Internally Displaced Persons Bríd Ní Ghráinne 4. In-Country Programs Claire Higgins 5. Temporary Protection of Forced Migrants Meltem Ineli-Ciger Part II Burden-sharing, Internal Relocation & the shift to Cooperation Agreements 6. Burden-Sharing in Refugee Law Eddie Bruce-Jones 7. The Rise of Consensual Containment Giuffre and Moreno-Lax 8. Responsibility-Sharing in Latin America Stefania Barichello 9. The Internal Protection Alternative and its Relation to Refugee Status Jessica Schultz 10. Gatekeepers of Asylum Satvinder Juss and Jeni Mitchell 11. International Models of Deterrence and the Future of Access to Asylum Nikolas Feith Tan Part III Non-Refoulement of Refugees and their Non-Penalisation 12. What is the Future of Non-Refoulement in International Refugee Law? James Simeon 13. Constructive Refoulement Pene Mathew 14. The Prosecution of Asylum-Seekers Yewa Holiday 15. Australia & the Refugee Convention. Savitri Taylor Part IV Family Re-Union, Gender Discrimination, Gay Rights, Human Trafficking and Climate Refugees 16. The Rights to Refugee Family Reunion Emily Darling 17. The Art of Drawing Lines Janna Wessels 18. The Rights of Women Seeking Asylum Nora Honkala 19. Sexual Orientation and Refugee law Tawseef Khan 20. Human Trafficking and Refugee Law Vladislava Stoyanova 21. Climate Refugees and the 1951 Convention Matthew Scott Part V The Exclusion and Rejection of Refugees 22. New Directions in Article 1D Jurisprudence Kate Ogg 23. The War on Terror and Refugee Law Sarah Singer 24. The Exclusion Clauses in Refugee Law Joseph Rikhoff 25. The Removal of Undesirable Asylum Seekers Joris Wijk and Maarten Bolhuis 26. Reviewing Review Rowena Moffatt Index
£47.45
Edward Elgar Publishing Ltd International Tax at the Crossroads:
Book SynopsisIn light of the significant transformations affecting international tax in recent years, this book provides an in-depth assessment of the key issues impacting the taxation of cross-border transactions.Craig Elliffe brings together a wealth of acclaimed legal academics to consider how the Inclusive Framework (IF) is responding to the ways in which highly digitalised businesses operate. International Tax at the Crossroads examines the overarching aspects of international tax reform, evaluates the IF’s proposed multilateral tax reforms and outlines the alternative unilateral options available and their subsequent legal consequences. Chapters analyse whether proposed tax reforms are stable, who should be involved in formulating international tax policy, who is influencing international tax policy, and the options and issues which arise in the event that multilateral compromise does not work.This insightful book will prove an essential read for students, academics and researchers interested in domestic and international tax law, commercial law and fiscal policy. It will also be of benefit to advisors, administrators, practitioners and officials working in the financial sector.Table of ContentsContents: Preface ix Introduction: standing at the crossroads 1 Craig Elliffe and Matt Andrew 1 Robustness and resilience in international tax reform 21 Wolfgang Schön 2 The reform of the institutional structure of international taxation 49 Philip Baker KC 3 Unilateralism and multilateralism in international tax 71 Reuven Avi-Yonah 4 Stability of the international tax system in a changing world 95 Victoria Plekhanova and Chris Noonan 5 Tax states, jurisdiction and the multilateral reality 115 Miranda Stewart 6 The impact of the global minimum tax on tax competition 142 Michael Devereux and John Vella 7 Is the shift to taxation at the point of destination inexorable? 167 Matt Andrew and Richard Collier 8 Multilateral tax reform 194 Michael Littlewood 9 Arbitration of tax disputes after the BEPS Two Pillar Solution 222 Chris Noonan and Victoria Plekhanova 10 The Canadian Digital Services Tax 246 Wei Cui 11 Legal problems with digital taxes in the United States and Europe 266 Ruth Mason 12 Data as a tax base 288 Alison Pavlovich
£114.00